All Tennessee drivers should know it is illegal and unsafe for them to operate a vehicle if their blood alcohol concentration (BAC) is over 0.08%. Drivers should track how much alcohol they have been consuming in the hours before they operate a vehicle.
Of course, it is best if drivers refrain completely from drinking alcohol if they intend to drive a vehicle after.
What is involuntary intoxication?
Drivers are assumed to have control of their actions, and therefore they are legally responsible if they break the law by drunk driving. However, if you can show that you were not in control of your actions, you may be able to have your charges dismissed.
For example, if you were at a bar and ordered a non-alcoholic cocktail, you would’ve believed you could drink as many as you wanted without getting drunk. However, if the drinks were spiked with alcohol and you were not aware of this, it is likely that you would have been over the legal drinking limit when you left the bar and got behind the wheel.
If you were suspected of drunk driving and flunked a Breathalyzer test, it’s likely the results surprised you.
How you react to being arrested is very important. First, you should hire an experienced attorney. He or she may want to bring the accuracy of the Breathalyzer test into question. Alternatively, there might be reason to suspect your drink was spiked at the bar.
Do you have questions?
There are many strategies for fighting a DUI charge in Tennessee. Claiming involuntary intoxication is just one of them. If you have questions, contact an experienced DUI attorney.