It is fairly common knowledge that Tennessee citizens have long had the statutory right to refuse an officer’s request to submit to a chemical test of the officer’s choice if the officer had “reasonable grounds” (probable cause) to believe the driver had committed the offense of Driving Under the Influence (DUI or DWI) in most DUI cases. As of July 1, 2009, however, this law has changed. Tennessee Public Chapter 324 has amended Tennessee Code Annotated Section 55-10-406 to eliminate the right of the driver to refuse a breath test, blood test, or urine test if the law enforcement officer has probable cause to believe that the driver has committed the crime of DUI, vehicular assault or vehicular homicide and was involved in an accident resulting in the injury or death of another.
If the officer has probable cause to believe the driver has committed one of aforementioned violations AND an accident with injury or death occurs, the officer is required to test the driver to determine the alcohol or drug content in the driver’s blood. The driver does not have the right to refuse the requested test.
