Several Knoxville media outlets are reporting increased Tennessee DUI enforcement for the upcoming holiday. Please visit the following links for these stories: Troopers will enforce No Refusal campaign over New Year’s Eve holiday or Police step up DUI enforcement during New Year’s.
The increased enforcement is set to begin at 6 p.m. tonight and end at midnight on Tuesday (New Year’s Day). We frequently receive questions about a person’s rights in relation to a blood or breath test following a Tennessee DUI arrest. The Tennessee Highway Patrol plan to implement the “no refusal” law during this busy holiday period highlights one of the most common question we field–what does “no refusal” mean?
Often, following a DUI arrest, the Tennessee officer will offer an arrestee the ability to refuse to submit to a chemical test of the officer’s choice (blood, breath or urine). Tennessee law, however, also provides that even if the arrestee refuses to submit to a chemical test, the office can obtain a search warrant to forcefully obtain the sample. During these “no refusal” enforcement periods, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If the judge determines that the requisite legal grounds (based on the officer’s DUI investigation) exist, a search warrant can be obtained allowing the officer to obtain a chemical test (most often a blood sample), even over the objection (or refusal) of the motorist placed under arrest.
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.
