A late-night DUI checkpoint stop creates stress for any driver, regardless of whether or not you had too much to drink. After all, there is a chance you may get a false positive and face charges for driving under the influence. Various factors like prescription medications or certain medical conditions might affect test results.
Common DUI testing methods
Law enforcement officers use several testing methods to check your blood alcohol concentration (BAC) levels. During a traffic stop, officers may ask you to take:
- Standard breath tests with breathalyzers
- Blood draws at medical facilities
- Urine samples at testing centers
- Field sobriety exercises
Among these, breathalyzer tests can result in false positives due to other things you ate or did. Unfortunately, you can’t request what test to take. It’s the checkpoint officer that determines which test you need to do.
Consequences of refusing BAC tests
Tennessee law requires drivers to submit to alcohol testing when requested by law enforcement. Even though you have the right to refuse a BAC test, this can result in serious consequences due to implied consent laws.
If it’s your first time refusing to take a BAC test, you get your license revoked for a year. This penalty stands separate from any DUI charges and requires specific steps for license reinstatement.
The prudent option at DUI stops
Following officer instructions during DUI stops helps create a clear record of events. Staying calm and cooperative protects your safety and legal interests, especially if circumstances lead to questionable test results.
If you get a false positive, you have the right to challenge the results and fight the charges. Working with an experienced attorney can help you protect your driving privileges and defend your legal rights.