What Are 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.

When a High BAC Raises the Minimum Sentence

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. Specifically, TN Code § 55-10-402(a)(1)(B) requires a first offender at that level to serve a minimum of seven consecutive days rather than the usual 48-hour minimum.

When Does a Tennessee DUI Become a Felony?

It’s important to understand that a DUI does not become a felony solely because of a high BAC paired with a prior offense. In accordance with § 55-10-402(a)(2) and (a)(3), the misdemeanor penalties are as follows:

A second offense: Incarceration between 45 days to 11 months and 29 days
A third offense: Incarceration between 120 days to 11 months and 29 days

However, a fourth offense is charged as a felony under § 55-10-402(a)(4), while a fifth offense is a Class D felony. A sixth or subsequent offense will be charged as a Class C felony

Lower Limits That Apply to Some Drivers

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.

TN Code § 55-10-401 establishes two different routes to the same charge. Subsection (2) is the 0.08% legal limit threshold, though subsection (1) makes it illegal to drive under the influence of any intoxicant, like marijuana, controlled substances, or any other substance that impacts the central nervous system and deprives you of the clearness of mind and control otherwise needed to drive a car. If the prosecution cannot prove the number, they may still proceed under subsection (1).

Evidence an Officer May Rely On

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.

Drug Cases and Cases With No Breath Test

It’s important to understand that there are generally two consequences that can arise from how subsection (1) is written. Firstly, it reaches drugs as well as alcohol, meaning that a breathalyzer will not clear you if the substance you were impaired by is marijuana, illicit drugs, or even prescribed medication.

Secondly, the offense is not dependent on the existence of a breath test. If the officer never requested one but found other evidence, like open containers or drug paraphernalia located during a lawful vehicle search, it can still support the charges.

How Can I Dispute Breathalyzer Test Results?

Like any other piece of evidence, you may be eligible to challenge the results of a breathalyzer test. The disputes typically fall into two categories.

Problems With the Device or the Sample

Other compounds present in your breath may have influenced the reading
The temperature of your breath at the time of the test
Underlying health conditions that affect how the device reads a sample
The volume of air you were able to deliver into the device

Problems With How the Test Was Administered

The device was not properly calibrated before it was used on you
The officer had not received proper training on operating the device
The officer lacked probable cause to administer the test at all, making it the product of an unlawful search

It’s important to understand that these are not a guaranteed legal defense. Raising them requires the underlying records, including the maintenance and calibration logs, as well as the certifications of the administering officer.

Contact an Experienced Tennessee Criminal Defense Attorney

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