The Tennessee legislature has amended the state's DUI laws so that as of January 1, 2012, no driver with a prior DUI conviction is allowed to refuse a blood or breath test to check the driver's blood alcohol level. Drivers suspected of DUI who have a child or children under 16 years old in the vehicle also are unable to refuse a BAC test. The new law is aimed at curbing repeat DUI offenses.
The Damaging Effects of Drunk Driving in Tennessee
In 2008, 386 people died in alcohol-related auto accidents in Tennessee. Police arrest about 4,000 repeat offender DUI suspects every year across the state. Of those arrests, about 41 percent of the suspects refused a test for checking BAC. According to federal statistics, multiple offenders and those with BAC levels of .15 or higher comprise only one percent of the population but are involved in 70 percent of auto accidents involving alcohol.
Penalties in Tennessee for Drunk Driving Before the Amendment
Currently, police test the BAC of drivers suspected of DUI at the time of arrest. If the drivers refuse the test, the driver automatically loses his or her driver's license for one year due to the implied consent law.
The law requires police to obtain a test of a driver's BAC when the driver causes a crash involving injury or death to another - whether or not the driver agrees to take the test.
The Effect of the Changes in the Law
Repeat DUI offenders are more likely than first-time offenders to refuse a BAC test. The result is that a jury is more likely to know the BAC of a first-time DUI defendant than a serial offender if the case goes to trial. In passing this new law, legislators hope that by allowing juries to hear the BAC of the defendant and therefore have access to more complete evidence, more DUI suspects with multiple DUI convictions will face consequences for their actions. They also hope to reduce the number of auto accidents and make the roads safer for everyone.
Drivers who operate vehicles while under the influence of alcohol cause serious damage on the roads. If you have been injured in an auto accident involving a drunk driver, do not hesitate to contact an experienced attorney who can discuss your situation with you.
