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Tag Archives: Birchfield v. North Dakota

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

Blood, Breath and Birchfield v. North Dakota — Why it matters

On June 23, 2016, the U.S. Supreme Court published an important decision affecting our right of privacy.  Birchfield v. North Dakota[1] was presented to the highest court in the land due to the enactment of legislation in several states that penalize DUI  suspects who refuse to submit to a chemical test with not only drivers’ license suspension or revocation, but also criminal penalties. Such laws present the accused with an impossible choice—forgo the constitutional right to be free from warrantless ... Read More »