The Tennessee DUI current law provides that a police officer who has probable cause to believe an individual is driving under the influence, they may request the person submit to a blood alcohol concentration test. If the person elects not to submit to the blood alcohol test they will be charged with a violation of the Tennessee implied consent law and will lose their driver's license for one year.
On May 20, 2011, the Tennessee legislature changed the DUI law starting in 2012. The new DUI law in Tennessee will require that anyone who has a prior DUI conviction, vehicular homicide due to intoxication conviction or aggravated vehicular homicide conviction or any person with a child under the age of 16 in the vehicle at the time, MUST submit to either a blood or breath test if they are believed to be driving under the influence. The new DUI law (HB 715 and SB 1270) states, in part:
“The test shall be performed in accordance with the procedure set forth in this section and shall be performed regardless of whether the driver does or does not consent to the test.”
The new DUI law in Tennessee raises constitutionality questions with regards to whether the forced blood alcohol tests would be admissible at trial. The 2012 DUI law has been submitted to the Governor and will go into effect on January 1, 2012. The full text of the DUI law.
If you have been charged with a DUI, contact our DUI Attorneys in Nashville immediately for a free consultation and discuss possible defenses to your DUI charge.
Provided by:
Shipman & Crim, PLC
Attorneys at Law
332 White Bridge Pike
Nashville, TN 37209
Office: (615) 829 - 8259
