Tennessee DUI law now allows BAC obtained through blood tests even without Defendant’s consent
Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).
The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:
- Driving under the influence of drugs or alcohol;
- Vehicular assault and aggravated vehicular assault; or
- Vehicular homicide.
Contact us at Barnette Law Offices, LLC if you’ve been charged with a DUI or related offense in Davidson County, Tennessee, Wilson, County Tennessee, Williamson, County Tennessee or throughout the state of Tennessee. Jason Barnette and his staff at Barnette Law Offices, LLC can aggressively defend you.
615-585-2245 or www.barnettelawoffices.com
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