New laws in Tennessee have changed the way the state will prosecute drunk
driving. The state has decided to do away with implied consent for
blood tests that are obtained without warrant. Most other states have implied consent
laws that enable law enforcement to administer a breath test to drivers
who are suspected of driving under the influence.
The idea behind implied consent laws, is that once a driver applies for
their license, they are giving implied consent to be tested if a police
officer suspects they have been of driving under the influence. Under
implied consent laws, refusing an alcohol test means
your license can be immediately revoked without the need for a trial or conviction. You can also be given additional
punishments for refusing DUI testing.
Tennessee used to collect blood from DUI drivers under these implied consent
laws. However, the Supreme Court recently ruled to restrict implied consent.
The court deemed that blood testing a person for a suspected DUI was too
intrusive to be covered by the rational for implied consent. Similar to
when police search your house, police are required to have a warrant if
they want you to submit to a blood test. Chemical breath testing is not
considered as intrusive, and thus a warrant is not required if you are
suspected of DUI.
Under the new Tennessee DUI laws, criminal penalties for refusing a breath
test have been eliminated. Before the new laws were put into place, the
state was adding jail time and expensive fines to the punishment for people
who refused a test. Revocation of your license is the only punishment
that is now allowed. The agreement between drivers and the state is now
clear: Agree to a breath test if suspected of a DUI, or lose your license.
If a blood test is required, the state has to have a warrant to conduct
it. It is important to note that DUI patrols have clever ways of obtaining
warrants, so don’t assume it will suddenly be easier to get out
of a DUI charge.
Have you been charged with a DUI after refusing a blood test? We can help
you fight your charges and get the justice you deserve. The lawyers at
Crain & Flatt Attorneys at Law know that no test is free from error
and we can help you prove the inconsistencies and inaccuracies with your
DUI blood testing. A DUI charge can ruin your reputation and future, which
is why you want an experienced team of attorneys by your side. Let us
fight for you today.
Contact our team of Murfreesboro DUI lawyers, or call (888) 988-5578 to schedule your case evaluation.