Tennessee DUIs and Mandatory Blood Draws

In June of last year, the Supreme Court of the United States ruled that mandatory warrantless blood draws at DUI stops are unconstitutional and too intrusive. Although police can still mandate onsite breathalyzers without a warrant, warrantless searches are generally only intended for extraordinary circumstances. Blood draws at DUI stops do not fall under this category. The state of Tennessee works a little differently, however. If you have a previous DUI, a blood draw is mandatory in Tennessee — though these do not typically happen at the scene. If you’ve been accused of driving under the influence in Tennessee, call a Franklin DUI attorney to help advocate for you and assist you in understanding your rights.

Implied consent in Tennessee

When you’ve been arrested for a DUI in Tennessee, a police officer can mandate that you take a blood test, breathalyzer, or urine test to determine your blood alcohol content (BAC). If the police officer has probable cause and is lawfully arresting you, you cannot refuse a blood, breath, or urine test due to Tennessee’s implied consent statute.

After you are arrested, the police officer should tell you that your license will be suspended should you refuse. If no one has been seriously hurt in an accident and you refuse a BAC test, your license will be suspended for one year. If there has been an accident involving serious injury, your refusal will net you a two-year suspension. If you hire a Columbia or Franklin DUI attorney, you may be able to successfully challenge the suspension in a hearing. Additionally, if you need to drive for work or other purposes, you may be able to get permission to drive in a limited capacity as well. You will need excellent legal representation in order to work with the courts on your behalf after you are arrested for a DUI.

The first time you are arrested for a DUI and convicted of drunk driving in Tennessee, you will:

• Serve 24 hours to 11 months in jail
• Lose your license for one year
• Have to pay a fine of anywhere between $350 and $1,500
• Be ordered to attend DUI school
• Be responsible for thousands of dollars in court, lawyer, towing, and other fees

For a second DUI, jail time is a minimum of 45 days. Fines will be $600-$3,500. Your license will be suspended for two years, and the state might seize your vehicle. The penalties only get worse from there.

The Law Offices of Adrian H. Altshuler & Associates have an excellent reputation for providing honest and experienced representation in DUI cases. We help you understand your rights and advocate for you in Tennessee courts. If you are in need of legal representation for a DUI in the Franklin, Brentwood, or Columbia areas, call us at 615-977-9370 or contact us online. We are here to help.