The Tennessee Highway Patrol and the Tennessee Department of Safety and Homeland Security have issued a media release dated July 1, 2013 that details plans for an impaired driving enforcement campaign for the upcoming Fourth of July weekend. According to the release, in 2012, twenty-one people died in 17 crashes on Tennessee roadways during the Fourth of July holiday period. In an effort to increase the safety and decrease the fatalities of motorists on the roads over the 2012 4th of July holiday, the Tennessee Highway Patrol plans to use aggressive “No Refusal” enforcement.
This “No Refusal” enforcement refers to the use of chemical tests (blood, breath, or urine) that determine the concentration of intoxicants in a person’s system. These tests will be administered by troopers after a Tennessee DUI arrest to pinpoint the arrestee’s degree of intoxication. Generally, Tennessee officers will offer an arrestee the ability to refuse to submit to these chemical tests. However, if an arrestee does refuse to submit to a test, Tennessee law provides that the officer can obtain a search warrant to forcefully obtain the requisite sample.
During “No Refusal” enforcement periods, like this holiday weekend, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If an arrestee refuses to submit to a chemical test, and if the judge determines that the requisite legal grounds exist, a search warrant can be obtained that allows the officer to obtain a chemical test (most often a blood sample), even over the objection or refusal of the motorist placed under arrest. Many of the sobriety checkpoints that are scheduled for this holiday weekend are “no refusal” sobriety checkpoints.
This increased enforcement is set to begin at 6pm on Wednesday, July 3, 2013 and to end at 11:59pm on Sunday, July 7, 2013.
More information about the Tennessee Implied Consent Law can be found by visiting our website or in the prior blog post, “Tennessee DUI No Refusal Weekends.” You may also contact our attorneys, Steve and Sara, by calling 865-249-7200. Even during this busy holiday season, the attorneys at Oberman & Rice are available to speak with you 24/7.
