Chemical Testing In Tennessee DUI Cases

Only certified medical professionals are allowed to take blood samples for analysis, but anyone who has been trained to do so can take a breath sample.

The driver tested has the right to have another certified laboratory perform its own test on any sample that the driver gives.

The results of any chemical test done on a driver to determine his or her BAC or the presence of drugs in the driver's system are admissible in a criminal case, as is the fact that an officer did not request a test. If the test showed a BAC of at least 0.08, it creates a presumption that the driver was intoxicated. This means that unless the driver can prove his or her sobriety by evidence more persuasive than the test result, the driver will be considered to have been under the influence.

Source: Tennessee Code Title 55 (Motor Vehicles) 55-10-407, 55-10-408, 55-10-410