Posts Tagged Tennessee No Refusal

Fourth of July “No Refusal” Weekend in Tennessee

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.

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U.S. Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

Tennesseans charged with the crime of Drunk Driving (DUI/DWI) may have a new defense.  On April 17, 2013 the United States Supreme Court ruled, “… in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.” Instead, the court determined that exigency in this context must be determined on an individual basis dependent on the totality of the circumstances in each case.  See Missouri v. McNeely (Docket No. 11-1425).

So what does this mean for Tennessee DUI defendants?

First, a ruling by the U.S. Supreme Court sets forth the minimum privacy rights guaranteed by our federal Constitution.  Tennessee Courts are required by law to follow the ruling of this decision.

Second, if a person suspected of a DUI in Tennessee decides to invoke his or her right to refuse the arresting officer’s request for a blood sample, it is likely that the officer will need to obtain a search warrant in order to legally proceed to obtain a blood sample over the suspect’s objection.  If a blood sample is obtained without a search warrant even if the suspect refused, and there is no justification of urgency based upon the facts of the case, the blood test results may be inadmissible as evidence against the suspect.

As a result of this Supreme Court decision, some Tennessee law enforcement agencies are now obtaining a search warrant in every instance where a blood test is appropriate.  Should this occur in your DUI case, the Tennessee Statute (T.C.A. or Tennessee Code Annotated) that authorizes refusal of a chemical test (T.C.A. 55-10-406) is trumped by the search warrant and the suspect should cooperate with the officer in order to avoid a physically compelled withdrawal of one’s blood.

The legal analysis to be applied in each case can be complicated.  It is therefore important for someone charged with the offense of DUI to hire a lawyer familiar with this issue.  I am proud to state that in the McNeely opinion, the concurring and dissenting opinion written by Chief Justice Roberts referred to the legal text, Drunk Driving Defense, in a footnote.  As regular readers of this blog know, this text is co-authored by Lawrence Taylor (California DUI attorney) and the managing partner of this law firm.  Should you find yourself in need of a Tennessee attorney, the DUI defense lawyers at Oberman & Rice are ready to assist you.  Our lawyers can also be reached by calling (865) 249-7200.

 

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Knoxville Area Sobriety Checkpoints Begin Tonight

A media release from the Tennessee Highway Patrol dated December 27, 2012 details the agency’s statewide plan for New Year’s Eve DUI enforcement.  In addition to the “no refusal” enforcement discussed in my last post, THP also plans to implement several checkpoints between now and New Year’s Day.  These include not only sobriety checkpoints (DUI roadblocks), but also “no refusal” sobriety checkpoints and driver’s license checkpoints.

Tennessee Highway Patrol regulations generally require that every driver passing through a checkpoint location be stopped and questioned.  Troopers will be investigating for signs of drug and alcohol impairment.  If they suspect that you are under the influence, you may be asked to exit your vehicle and perform certain roadside tasks, often referred to as field sobriety tests.  Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken from directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded by clicking here.

Should you be arrested for DUI or arrested or cited for another criminal offense or traffic violation, it is important that you consult with a Tennessee attorney as soon as possible.  Our attorneys,  Steve and Sara, will be available to speak with you and can be reached by calling 865-249-7200.

DIST. 1 KNOXVILLE — No Refusal New Year’s Eve Checkpoints

Friday, December 28:

Checkpoint               County                   Road/Highway                             Time of Day

SOBRIETY                    BLOUNT                 O. KNOX HWY @ I-140 RAMP       LATE NIGHT

 Monday, December 31:

Checkpoint             County            Road/Highway                               Time of Day

SOBRIETY *               SEVIER            GOOSE GAP @ SUGAR LOAF RD        LATE NIGHT

DL CHECKPOINT    CAMPBELL      STATE ROUTE 116 @                           LATE MORNING

LITTLE COVE RD

SOBRIETY                  ANDERSON     SR 62 @ KNOX/ANDERSON              LATE NIGHT

CO LINE

SOBRIETY                  LOUDON         US 70 @ CREEKWOOD BLVD             AFTERNOON

Tuesday, January 1:

Checkpoint     County              Road/Highway                                               Time of Day

SOBRIETY*        KNOX                 STATE ROUTE 162 @ STATE ROUTE 62              LATE NIGHT

SOBRIETY*        SEVIER              WINFIELD DUNN PKWY @ DOUGLAS DAM             LATE NIGHT

SOBRIETY*        SEVIER              STATE ROUTE 66 @ STATE ROUTE 139                LATE NIGHT

SOBRIETY*        SEVIER              US 411 @ CHEROKEE CR                                      LATE NIGHT

SOBRIETY*        BLOUNT            I-140 @ STATE ROUTE 33                                   LATE NIGHT

*No Refusal DUI Checkpoint

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Tennessee No Refusal DUI Enforcement

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.

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Tennessee DUI No Refusal Weekends

I am often asked about the “No Refusal Weekends” you may have heard about recently.    Allow me to answer two of the many questions I have received.

First, the Tennessee Implied Consent Law (refusing a blood, breath, or urine test pursuant to T.C.A. § 55-10-406) is not legally suspended for that particular weekend.   It is never suspended.

Second, you have not lost the right in all circumstances to refuse to provide a sample for chemical analysis even if the Tennessee officer believes you are driving or operating a motor vehicle while under the influence of an intoxicant such as alcohol or another drug.

These time periods for increased DUI detection efforts, like the 2012 Knox County, TN July 4th weekend, simply mean that special arrangements have been made to assist officers to apply to a Judge or Magistrate for a search warrant to obtain evidence (such as a sample of blood, breath or urine from a driver suspected of DUI).  If the search warrant is granted, the officer may force the driver to provide a sample of bodily fluid for testing of alcohol or other drugs.   Be aware, however, that there are some circumstances under the law when you do not have the right to refuse the extraction of a blood sample or the administration of a breath test, or both.

If you have been forced to provide a sample of blood or breath as a result of your DUI arrest, all is not lost. Your constitutional rights apply in these circumstances as well. If the chemical sample is obtained in violation of your constitutional rights, the results of your chemical test may not be admissible in court.

For further information on “No Refusal Weekends,” the Implied Consent Law or forced blood draws, you may wish to check out our sister blog, www.duinewsblog.org, you may review additional information on our website, www.tndui.com or you may call Steve Oberman at the Oberman and Rice Law Firm at 865-249-7200.

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