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Tag Archives: Implied Consent Law

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 »

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.” An oft repeated refrain goes something like this: “It’s called the implied consent law and everyone signs the form when they get their driver’s license.”  One article goes on to state ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

No Refusal Weekends

The media makes a major effort to educate the public when law enforcement agencies decide to have a “No Refusal Weekend.”  Since the first Knox County, Tennessee DUI Enforcement “No Refusal Weekend” in July 2012, those who are mis-informed have generated a lot of incorrect information.  This blog entry will attempt to explain in layman’s terms the underlying Tennessee law. Tennessee DUI law, just like criminal law in general, has allowed an officer to apply to a neutral and detached ... Read More »

2012 Tennessee DUI Legislation Update

Tennessee DUI Laws 2012 Two new Tennessee DUI laws now make it more difficult to defend persons accused of driving under the influence.  In another change, the DUI penalty when the driver is accompanied by someone under the age of 18 has increased. The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406 (the Implied Consent Law).  This law applies after an officer concludes that a person is probably under the influence of an intoxicant and then requests the suspect ... Read More »