What Are the Consequences of Failing a Breathalyzer Test?

A breathalyzer device measures the amount of ethanol (the type of alcohol used in alcoholic beverages) present in your breath to estimate your blood-alcohol content (BAC) level. This is arguably the most accurate and defining evidence that you were driving under the influence (DUI) of alcohol. And so, you can only guess that failing this test comes with serious repercussions. With that being said, please follow along to find out the legal consequences of failing a breathalyzer test and how one of the proficient Clarksville DUI lawyers at Fendley and Birch can help you prepare to fight back.

What are the consequences of failing a breathalyzer test?

Under normal circumstances, failing a breathalyzer test means the device indicated your BAC level above the legal limit at 0.08 percent or higher. The associated legal consequences may depend on whether this is your first or subsequent offense. But for a first-offense DUI in the state of Tennessee, you may be up against a fine of up to $1,500, a jail sentence of up to 11 months and 29 days, a driver’s license suspension of one year, and mandatory attendance at an approved alcohol and drug treatment program.

It is worth mentioning that if you undeniably fail a breathalyzer test with a high BAC level of 0.15 percent or higher, the Tennessee criminal court may impose harsher penalties. A combination of a high BAC level with a subsequent offense within the past 10 years may cause your charge to be upgraded to a Class E felony. Lastly, you may fail a breathalyzer test at 0.02 percent if you are younger than the legal drinking age of 21, and at 0.04 percent if you are operating a commercial vehicle at the time of your traffic stop.

Can I still get penalized if I had a low BAC level?

Even if you are not younger than 21, and you are not operating a commercial vehicle, you may still get charged with a DUI with a detected BAC level below 0.08 percent. This may be if the prosecution can effectively prove that an arresting law enforcement officer had reasonable grounds to believe that your intoxication level still hindered your ability to operate your vehicle safely. This argument is based on the state of Tennessee’s actual impairment standard.

For example, an officer may have observed your erratic driving before they ordered you to pull over your vehicle. Specifically, they may have witnessed you abruptly accelerating and decelerating, struggling to maintain your lane, ignoring enforced traffic signs and signals, or dangerously changing lanes and weaving through traffic. Or, they may have detected apparent signs of intoxication during their conversation with you, such as your slurred speech and glazed eyes. Lastly, they may have proof that you failed all your instructed field sobriety tests, including the horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests.

We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Fendley and Birch has successfully gone through this countless times before. So please, retain the services of one of the talented Montgomery County criminal defense lawyers today.