04/30/2026
The problem with this is that once the reading is not above .08%, the officer’s mindset is let’s see what else might possibly be in the system, so let’s get a blood sample.
That’s also how the DAs view it, as well. If you don’t have an alcohol level to support prosecution, let’s order a toxicology test to see what else we may find that can apply leverage to get a plea, regardless whether the officer suspected any substance impairment or not.
The toxicology tests are what cause the backlog for the TBI and are currently taking around 22 weeks to process. So, no real news of improvement here – Simply deflection.
The Tennessee Highway Patrol is reversing its stance on breathalyzers after years of refusing to use them during field sobriety tests.
It comes as a swath of Tennesseans file lawsuits against agencies who charged them with DUI, even though they were sober. https://tinyurl.com/yufcsf6y
