In January 1, 2012, a Tennessee legislation went into effect allowing police officers to force a blood draw regardless of whether the drivers consent to it, provided that they have a prior DUI conviction, or if they have a child under the age of 16 with them inside the vehicle. An Action News 5 article by Lauren Squires showed this particular legislation in action. Below is an excerpt from the news report:
“Mid-South cops are out for blood and armed with a needle along with new rules to crack down on suspected drunk drivers.
“You can’t force somebody to give a breath test. We can force somebody to give us blood,” said Michael McCusker with the Shelby County District Attorney’s Office.
According to law, if a suspected drunk driver refuses a breath test, cops can demand the driver give two vials of blood. It would be delivered to the Tennessee Bureau of Investigation for testing.
Drivers agree to implied consent whenever they get behind the wheel in Tennessee, driver’s license or not. If a driver is pulled over and the officer has probable cause to believe he or she has been drinking then that driver automatically consents to a breath or blood test.”
Still, the law states that a driver may refuse to submit blood as long as he or she knows that his or her driver’s license will be suspended or revoked if he does so. Lawmakers, enforcers, and DUI lawyers in Gallatin, TN know that this is part of the state’s Implied Consent Statute.
The Implied Consent Statute in the State of Tennessee asserts that any person driving a motor vehicle in the state automatically consents to a chemical test that will determine his or her intoxication level. Such tests are deemed necessary if a law enforcement officer has probable cause to believe that a driver is under the influence of alcohol or drugs.
A trusted Gallatin DUI attorney like Kenneth J. Phillips – Attorney At Law provides representation to individuals charged with offenses related to DUI. If you have been charged with violation of DUI and Implied Consent laws, such lawyers will aggressively defend you and see to it that your rights are fully protected throughout the legal proceedings.
(Source: Suspected drunk drivers forced to give blood, Action News 5, November 8, 2013)