Should I blow?

Each year we represent a number of people who insist they only had one or two beers before they were stopped, but they refused to take the breath test. When asked why, they reply, ‘because a lawyer told us not to,” or “I heard the tests don’t work.” These people almost always lose their driver’s license and more often than not plead guilty to DUI in the end. If they had taken the breath test, they probably would have saved their driving privileges and not been convicted of DUI. If they blew and registered below .08%, the officer would probably have allowed them to go home.

Those charged with Implied Consent in Nashville almost always lose their driving privileges. Count on it if you refuse to blow or give blood. If your driving privileges are revoked for: DUI; Vehicular Assault; Vehicular Homicide; and you refuse the chemical test, you will be charged with a separate criminal offense, which carries mandatory jail time.

If your blood alcohol reading is over the legal limit of .08%, Tennessee law says that you are guilty of DUI “per se”. This means if you operate a vehicle and exceed the legal limit of .08%, you are guilty of DUI. In other words, there does not need to be a finding of impairment in order for a judge or jury to find you guilty. Take the test, fail it, and so long as the stop and test are found to be valid, the law does not require that any further evidence be provided as to your intoxication.

In Nashville, it is our experience that those who take the breath test and register close to the legal limit often have their case reduced to Reckless Driving. If you take the test and register in the higher percentage ranges, the odds are fairly low that your case will be reduced.
Your blood alcohol level is dependant on several factors, such as how much you have had to drink, how much you have had to eat, your own metabolism, how much you weigh and how long it has been since your last drink. For the average person, 3 beers is enough to exceed the legal limit. Two five-ounce glasses of wine is enough for a 100-pound woman to exceed the limit.

So, you should blow if you are not intoxicated, and you should not blow if you are. A better question if you are considering this should be, “Should I drive?” Any amount of alcohol combined with driving may put you in a very bad situation. Don’t take a chance, take a cab.