The DUI Unit in Nashville, Tennessee uses a breath alcohol test in most DUI arrests .The question is ” Do you have a right to an independent blood alcohol test.” .Tennessee Code Annotated 55-10-4109(e) provides that a person tested for blood alcohol “shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of that person’s own choosing and at that person’s own expense.” So , once you blow.You have a right to an independent blood test. Demand it.
If the police refuse to give you an independent blood test , what happens ? In Tennessee v. Geselbracht , The Tennessee Court of Criminal Appeals upheld a trial court’s dismissal of DUI charges based upon a refusal to allow the defendant his right for an independent blood test.The Court found that the police violate his his reasonable request to obtain evidence in his defense.