Tennessee bill mandates forcible blood draw on drivers

[rambone]

A new law in Tennessee will require police to forcibly draw blood from drivers at the roadside, with/without consent, if they've ever had a DUI in their life, -or- if they are pulled over with a child in the car.

And if you don't let the vampires take your blood, then your driver's license will be revoked. SUBMIT!! OBEY!!


DUI bill requires blood draw in certain cases in Tennessee

The legislation, which would go into effect Jan. 1, 2012, will require police to force a blood draw regardless of whether the driver consents to it if they have a prior DUI conviction or if they have a child in the vehicle with them under the age of 16.

 

[03mustgt]

A new law in Tennessee will require police to forcibly draw blood from drivers at the roadside, with/without consent, if they've ever had a DUI in their life, -or- if they are pulled over with a child in the car.

And if you don't let the vampires take your blood, then your driver's license will be revoked. SUBMIT!! OBEY!!


DUI bill requires blood draw in certain cases in Tennessee

Indiana Implied Consent states that if a police officer has probable cause to believe you have operated a vehicle while intoxicated you must submit to a chemical test, or have your license suspended for a year. Not a fan of this TN law, why not just get a search warrant for a blood draw?

 

[steveh_131]

Freedom is once again sacrificed on the altar of public safety and the sanctity of life.

I sure hope this doesn't get signed into law.

 

[jsharmon7]

Maybe someone can give me some clarification. If a driver is stopped and one of those two conditions are met, they are automatically required to give a blood sample? Or is it only required if the officer believes they are intoxicated and the person is refusing a chemical test?

 

[eldirector]

This bill additionally requires a law enforcement officer to cause the driver of a motor vehicle to be tested for the purpose of determining the alcohol or drug content of the driver's blood, regardless of whether or not the driver consents to the test, if the officer has probable cause to believe that the driver has committed an offense of DUI, vehicular homicide due to intoxication, or aggravated vehicular homicide and:
(1) The driver has been previously convicted of such an offense; or
(2) A passenger in the motor vehicle is a child under the age of 16.

From:
Bill Summary

This was signed on 5/27, and will take effect on 1/1/12.

Now, what does TN consider "probably cause" for DUI?

 

[03mustgt]

From:
Bill Summary

This was signed on 5/27, and will take effect on 1/1/12.

Now, what does TN consider "probably cause" for DUI?

Really thats not much different from Indiana's laws.

 

[jsharmon7]

Really thats not much different from Indiana's laws.

Not too much different. I just want to know, if the guy says "sure I'll take the Datamaster breath test," does the officer still have to take him to the hospital for a blood draw? Or is it only if the guy says, "no I'm not cooperating at all?"

 

[lashicoN]

Anyone know where to find needle proof suits?

 

[eldirector]

The way the summary reads, you will be compelled to take a blood test for all DUI or vehicular homicide cases, if there is PC you are drunk OR if you have a kid in the car. No breath test.

 

[Designer99]

"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."


Are you kidding me? They don't even care if their laws abide by the Constitution anymore!

 

[RockofStrength]

"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."


Are you kidding me? They don't even care if their laws abide by the Constitution anymore!

That's for the courts to decide, now surrender your blood for testing, number....1674326845-B!

 

[04DarkShadowGT]

My best advice would be to not drink and drive, that way you will never have a prior DUI.

 

[semperfi211]

 

[serpicostraight]

"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."


Are you kidding me? They don't even care if their laws abide by the Constitution anymore!

there is no shortage of politicians or cops that have no respect for the constitution.

 

[RockofStrength]

That's far too much respect for the Constitution.

Unless of course that paper is for their dog...

 

[rambone]

"We're tired of drunk drivers killing people," said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. "We don't know if it will stand up or if it's constitutional, but we'll test it."


Are you kidding me? They don't even care if their laws abide by the Constitution anymore!

I think all 3 branches of government should be responsible for ensuring things jive with the constitution. Why swear an oath if everyone pawns off responsibility to the Supreme Court?

 

[Kutnupe14]

there is no shortage of politicians or cops that have no respect for the constitution.

you probably should throw in the "average" joe for good measure...

 

[serpicostraight]

you probably should throw in the "average" joe for good measure...

sad but true. you are correct.

 

[Stschil]

So, if I'm reading this correctly, they must be assuming they can justify these under exigent circumstance.
If the PC is valid, why not have the Magistrate sign off on it and remove the contoversy? Don't must PD's have a 24hr contact to a Justice for this kind of thing?
If have no issues with requiring a blood draw IF ,and only IF, the 4th Amendment is not violated.

 

[j706]

Indiana Implied Consent states that if a police officer has probable cause to believe you have operated a vehicle while intoxicated you must submit to a chemical test, or have your license suspended for a year. Not a fan of this TN law, why not just get a search warrant for a blood draw?

Yea Indiana has had forced blood draw's with a warrant for a number of years. It took the game playing out of refusals. I have seen more than one person that after having been read the warrant still refuse. Ours read to use what ever reasonable force is necessary. And on top of that they also get a charge of contempt of court or whatever the charge is when you refuse a judge's order. (I don't do them so I am unsure of what it is) I have seen some pretty good struggles from a few but in the end their blood gets drawn.