How do I obtain blood test results in TN?

[brzimmer]

What is the name of your state (only U.S. law)? Tennessee

How do I obtain blood test results in Tennessee, and how long should I expect to have to wait? The blood test was done at the sheriff's office on May 17. My first court appearance (arraignment) is tomorrow, May 25, so it's only been 8 days. I am entitled to the test results at or before the arraignment? Can they indict me without the test results? If I do get a lawyer, it will have to be a public defender. (I have not met with anyone yet.)

I'm convinced I'll pass the blood test with flying colors. I had two hard ciders (5% alcohol) between 8:30 and 9:30 PM. I had a third one at 1:00 AM. That's all I drank. I snacked a very small amount, but I had dinner beforehand. I'm male, age 56, and weigh 195. I was stopped at 3:15 AM and the blood test was administered at 4:30 AM. The reason I was stopped was because I was going 52 mph in a 45 mph zone. (I was NOT cited for speeding.) I was not weaving or driving as if impaired, nor did I act impaired (because I wasn't!). They gave me a roadside test at the scene because I answered honestly when asked if I had been drinking, and how much, and I guess that's probable cause. They gave me an eye/finger test and a balance test. I passed the eye test then flunked the balance test, but I was wearing sandles and don't have good balance to begin with. (I know this from my workouts at the gym.) Again, I am 100% certain that the blood test results will exonerate me. If charges are dropped, will I still have an arrest record?

 

[ecmst12]

Your lawyer should have already obtained the results (that's a hint).

 

[CdwJava]

Yes, you can still be charged without test results. Chances are they will wait until they have results, so you might find your hearing put off a while. And, if your BAC is at or below .05 they probably won't charge at all ... unless there is some impairing prescription or illicit drugs present as well.

And if no charges are filed, there will still be a record of the arrest. There may be a procedure in your state to expunge unprosecuted arrests, but you may have to ask your attorney about that.

 

[brzimmer]

Thanks.

I wouldn't think that a week would be long enough to complete the blood test (soley based on what I've read online – and the speed at which the Knox County Sheriff's Office operated while I was there).

But I three different online BAC calculators, and all three gave me a 0.00 based on my circumstances. As I said, I'm 100% certain the blood test results will clear me. The officers told me that my first hearing would be a preliminary hearing to give me time to get a lawyer (although my paperwork does say it is an arraignment). I just hope now that I can get the arraignment postponed if they don't yet have the test results.

 

[CdwJava]

Keep in mind that one can be impaired with a BAC under .08. The whole "legal limit" fallacy has misled many people into thinking that as long as they remain under .08 they are ok. That's not true. A BAC of .08 only means that it is the level at which the law says you are impaired ... aka the per se limit.

 

[brzimmer]

Keep in mind that one can be impaired with a BAC under .08.

Thanks, I'm aware of that. I'll post my test results here when I get them. I'm convinced will show a BAC of 0.00.

 

[Ohiogal]

Your lawyer should have already obtained the results (that's a hint).

Actually if he has not been arraigned yet, his lawyer may not have been able to obtain the results. I can't get discovery until the client is arraigned, there is a court case number and a judge assigned.