New Law Allows Admission of Blood Alcohol Test Results Regardless of 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.

The new law also explicitly states that the results of the test will be admissible as evidence in any court or administrative hearing relating to the accident or the offense. Consequently, results from a blood alcohol test can be admitted into evidence even if the defendant was unconscious or otherwise incapable of giving consent at the time the blood alcohol test was administered.

If you have been charged with a DUI offense and would like more information on Tennessee DUI law, visit our website or call 866-853-2888. At Baker Associates, we offer free case evaluations for those who are facing DUI, vehicular assault and vehicular homicide charges.