Recently the “implied consent” law in Tennessee has changed to allow officers the choice to ask you to submit to a breath test or blood test or both. The most recent change makes it possible for an officer to require a driver to submit to both a breath and a blood test. It appears that under the new law, an officer could ask an individual to submit to a breath test and if the results are not to his liking; could require an individual to submit to a blood test as well. However, neither the breath test nor the blood test may be administered to determine BAC unless the officer has reasonable grounds to believe the person was driving “while under the influence of alcohol, a drug, any other intoxicant or any combination of alcohol, drugs, or other intoxicants”. Also, for the results of such test or tests to be admissible as evidence, it must first be established that all tests administered were administered to the person within two (2) hours following such person's arrest or initial detention.
- September 17, 2015 11:46 AM
Sexual Battery Case Dismissed
Rutherford County General Sessions Court dismissed Sexual Battery case...
- April 14, 2015 1:33 PM
Know what to do if you’re getting pulled over!
Okay, so you just got pulled over for weaving, speeding,...
- July 28, 2014 11:00 AM
Forfeits and Seizures of Property
If you have been pulled over, been a victim...
- July 17, 2014 1:17 PM
Hey everyone, don’t forget to follow me on twitter...
- July 10, 2014 10:36 AM
Domestic Violence Front and Center in Nashville
Take a look at the Tennessee statute defining Domestic Assault and relationship: 39-13-111. Domestic assault. (a) As used in this section, domestic abuse victim means any person who falls within the following categories: (1) Adults or minors who are current or former spouses; (2) Adults or minors who live together or who have lived together; (3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context; (4) Adults or minors related by blood or adoption; (5) Adults or minors who are related or were formerly related by marriage; or (6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5). (b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim. (c) (1) Domestic assault is punishable the same as assault in § 39-13-101. *** Please note that domestic crimes encompass many other offenses.