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  1. #1

    Default Can You Get Your Own BAC Test After a DUI Arrest

    My question involves criminal law for the state of: TN-how long after a DUI arrest do you have to request your own BAC test independant of the police testing? Generally, who could you call to arrange such test, if possible after the arrest and release from jail?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,362

    Default Re: Getting Own Bac Test

    Under TN law you can request a sample of blood or urine be obtained for your testing later on. Though, it seems that the officer is under no requirement to inform you of this.

    Try and keep your questions regarding this DUI to ONE thread rather than multiple ones.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Getting Own Bac Test

    Thanks for your response. Do you know if after 10 days from the arrest, is it possible to still get a sample for testing and at this point who would have it and the authority to release it?

  4. #4
    Join Date
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    98,846

    Default Re: Getting Own Bac Test

    Quote Quoting lorie42
    View Post
    Thanks for your response. Do you know if after 10 days from the arrest, is it possible to still get a sample for testing and at this point who would have it and the authority to release it?
    If a sample was taken and preserved at your request, that sample can be tested. If not then, no, time machines do not exist so it is not possible to go back to the time of arrest and request that a sample be taken.

  5. #5

    Default Re: Getting Own Bac Test

    I appreciate the information. I did read that on 08/25/18 a judge cornelia clark reversed the decision about the blood test $250.00 fee being violation of due process. What do you know about that? (8/25 is a saturday, the day of my arrest). Seems odd a judge would rule on a saturday?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,362

    Default Re: Getting Own Bac Test

    I'm not from your state so I can't speak with any personal knowledge of the sanctions there. I'm not in a position to do any online research at the moment, so I can't really look into it just now. But, a license suspension is pretty much a guarantee regardless of whether they try to impose some monetary fines as well.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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