Breathalyzer Used in Tennessee May Have Produced Inaccurate Results

A group of attorneys and DUI defendants in Tennessee claim that the breathalyzers used in the state provided inaccurate results.

In Tennessee, according to the Governors Highway Safety Association, it is illegal for drivers to operate a vehicle with a blood alcohol concentration level of 0.08 or higher. If a law enforcement official suspects that a driver has exceeded this legal limit, he or she may perform a breathalyzer test to determine the driver's BAC level. The results of these tests are often used as evidence in drunk driving cases during court proceedings.

Although breathalyzer tests are designed to determine what a driver's exact BAC level is during the DUI arrest process, a group of lawyers and defendants in Tennessee are now challenging the accuracy of a breathalyzer device, known as the EC/IR II, used by 132 law enforcement departments in the state, states Fox 6. The attorney heading this group, who filed a case on behalf of 14 DUI defendants, believes that these breathalyzers were not calibrated appropriately before use for several years. As a result, many alleged DUI offenders received inaccurate breath test results.

Calibration Standards Did Not Exist

According to NBC 3, the Tennessee Bureau of Investigation is supposed to make sure that the breathalyzer devices used by law enforcement officials work properly and then calibrate them at 0.04, 0.08 and 0.20. However, when the EC/IR II was introduced in 2005, the TBI only calibrated the devices at 0.082. The attorney heading this case claims that this left room for error in DUI breath test results.

Although the TBI did not put calibration standards for these devices in place until 2013, the agency argues that the devices used in these DUI cases were federally approved to provide usable evidence. Now, the head attorney on this case is appealing a decision made by a lower court and nine of the 14 defendants' cases will move on to Tennessee's criminal court of appeals.

The Penalties for DUI in Tennessee

Those who are arrested for DUI in Tennessee after taking a breathalyzer test face severe consequences, which depend on the number of prior offenses on their record as well as their BAC level. For instance, according to the Tennessee Department of Safety and Homeland Security, a first-time DUI offender may have to pay a $350 to $1,500 fine. The driver may also have his or her driver's license revoked for up to a year and be required to spend time in jail.

Those who are arrested for drinking and driving in Tennessee may worry about how a potential conviction could harm them legally and financially. If you were recently arrested for DUI, turn to an attorney in your area to determine what your legal rights are at this time.

Keywords: DUI, drunk driving, arrest, penalties