Breath And Blood Tests in DUI Arrests in Memphis

Experienced Defense From an Attorney With DWI Detection Certification

If you were arrested for DUI in or around Memphis and asked to take a breath or blood test, you are likely worried about what happens next. Chemical testing can affect your driver’s license, your criminal record, and your future. It is common to feel confused about what you agreed to or refused.

At Francavilla Law Firm, we help people across this area who are dealing with the aftermath of DUI testing in Tennessee. With more than 25 years of criminal defense experience, Attorney Tim Francavilla understands how breath and blood evidence is used in court and how it can be challenged. Our goal is to guide you through this process with clear advice and careful attention to your situation.

Find the information you are looking for below:

• How DUI Breath & Blood Testing Works
• How Are Breath & Blood Tests Used as Evidence in DUI Cases
• What Happens If I Refuse A Breath Or Blood Test in Memphis?
• Are Breath & Blood Tests Accurate in Memphis?
• How Our Firm Approaches DUI Testing in Memphis

You do not have to sort through implied consent laws and testing rules on your own. We take the time to explain what your results or refusal may mean, and we work to protect your rights at every stage.

If you have questions about your arrest or your BAC test, we invite you to contact our firmto discuss your options.

How DUI Breath & Blood Testing Works in Memphis

Understanding how DUI testing works in Tennessee can make your situation feel a little less overwhelming. After a traffic stop, an officer may ask you to perform field sobriety testing on the roadside. These coordination exercises are often recorded and later used in court, and they are typically implemented before any breath or blood test.

Roadside Breath Tests

Officers may also use a small roadside device to obtain a preliminary breath sample. This is usually different from the official chemical test, and it often serves as a screening tool. The formal breath or blood test usually occurs after an arrest, either at a station, a jail facility, or a medical setting, and that result is what the prosecution often relies on in a DUI case.

Implied Consent for Breath & Blood Tests

Tennessee has an implied consent law, which generally means that licensed drivers are considered to have agreed to chemical testing if an officer lawfully arrests them for suspected impaired driving. In the Memphis area, officers may request a breath sample through a stationary device or may seek a blood draw, especially if drugs are suspected, there was an accident, or a breath machine is not available.

How Are Breath & Blood Tests Used as Evidence in DUI Cases

Breath and blood test results often play a central role in how a case is charged and what penalties the state seeks. A result at or above the legal limit may support the DUI charge, and higher readings may influence potential sentencing and license consequences. Even so, these results are not automatic proof of guilt, and the way the test was requested, administered, and recorded can be critically important.

Our firm carefully reviews the entire testing process, from the initial stop to the final report. We look at whether officers had grounds to request testing, whether warnings were properly given, and whether the steps that followed complied with Tennessee law. This detailed review helps us identify potential issues that could matter in your case.

What Happens If I Refuse A Breath Or Blood Test in Memphis?

Many people arrested for DUI are unsure whether they should submit to a breath or blood test. Some refuse in the moment because they are scared or feel the situation is unfair. Others believe that refusing will prevent the state from building a case. In Tennessee,  refusing a breath or blood test can cause additional problems with your DUI arrest.

Consequences of Refusing a Breath or Blood Test

Under Tennessee's implied consent law, refusing a lawful request for a breath or blood test can lead to a separate license suspension, even if the DUI charge is later reduced or dismissed. The length of that suspension often depends on whether this is a first refusal or whether there are prior incidents. In some situations, a refusal may also increase potential penalties when a DUI is proven.

What Counts As a Refusal?

It is important to understand what legally counts as a refusal. Saying “no,” remaining silent after clear warnings, or physically preventing the test may all be treated as refusal, depending on the circumstances. In many Shelby County cases, officers document the interaction in detail, and that description may later be used at a hearing or trial.

How Does Refusal Affect a DUI Case?

A refusal does not mean the state will drop the DUI. Prosecutors often proceed using other evidence such as driving behavior, field sobriety testing, officer observations, and video footage. They may also argue that a refusal shows consciousness of guilt, although this issue can be contested in court.

If you refused a test, you may face both the criminal DUI case and an implied consent issue affecting your driver’s license. There are often strict deadlines to challenge or address that suspension through the Tennessee system. We work with clients to identify these deadlines, review the circumstances of the refusal, and plan a strategy that takes all elements of your case into account.

Are Breath & Blood Tests Accurate in Memphis?

Many people assume that breath and blood tests are always accurate. In reality, these tests depend on machines, people, and procedures that can be challenged. Understanding potential problems with testing can help you see why it is so important not to give up on your case too quickly.

Regular Maintenance of Testing Machines

Breath testing devices must usually be properly maintained, regularly calibrated, and correctly operated. If the device was not tested as required, or if the operator did not follow the approved steps, the reading may be less reliable. Factors such as mouth alcohol, certain medical conditions, or timing of the test can also affect breath results.

Proper Handling of Test Sample

Blood testing typically involves multiple steps and several people. A sample must be collected with the proper technique, stored correctly, labeled accurately, and transported to a qualified lab. At the lab, analysts prepare and test the sample according to specific protocols. Problems with any part of this process can raise questions about whether the reported result fairly reflects a person’s blood alcohol level at the time of driving.

Some issues that may be relevant in breath and blood test cases include:

• Improper or incomplete observation periods before a breath test
• Gaps or errors in the calibration and maintenance records of the device
• Use of unapproved or outdated testing equipment
• Contamination or mishandling of blood samples during collection or storage
• Mistakes in labeling, transporting, or tracking samples between facilities
• Deviations from accepted lab procedures when analyzing samples

Not every case will involve these concerns, and no single issue automatically defeats the test. However, a careful review can sometimes show that the evidence is weaker than it first appeared. We work to identify realistic challenges based on the facts of your case, rather than relying on general theories that may not fit your situation.

Attorney Francavilla holds certifications in DWI Detection and Field Sobriety Testing, which means we are trained to evaluate how officers conduct DUI investigations, including the steps that often lead up to breath or blood testing. This background helps us spot inconsistencies between what should have happened and what actually occurred in your case. We combine that training with detailed research into reports, logs, and, when available, video.

How Our Firm Approaches DUI Testing in Memphis

Attorney Tim Francavilla has spent more than 25 years working in Tennessee courts, including those that regularly hear DUI cases with chemical testing evidence. His certifications in DWI Detection and Field Sobriety Testing help guide our review of how officers conducted the stop, roadside evaluation, and the transition to breath or blood testing. This combination of training and experience allows us to ask focused questions about the evidence, instead of treating every case the same.

We believe that effective representation starts with listening. When you meet with us, we want to understand your concerns about your job, your family, and your record, along with the details of the arrest. We explain the role that testing or refusal is likely to play in your case and discuss realistic options so you can make informed decisions.

Our team focuses on one-on-one representation. You are not treated as a file number. We work to return calls, answer questions, and keep you updated about court dates and developments. Throughout the process, we aim to translate complicated legal and scientific concepts into everyday language so you always know what is happening.

If you are dealing with breath and blood tests in a Tennessee DUI case and you are unsure what your next move should be, we are here to talk through it with you. For a confidential conversation about your situation, reach out to our office.

Call (901) 979-9992 to discuss your DUI breath or blood test