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  1. #1

    Default What Warnings Must an Officer Give Before Conducting Sobriety Tests

    My question involves criminal law for the state of: TN- Generally, how does an arresting officer show proof the he/she gave instructions on consequences of refusing BAC testing?

  2. #2
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    Default Re: No Sobriety Tests Given

    Quote Quoting lorie42
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    My question involves criminal law for the state of: TN- Generally, how does an arresting officer show proof the he/she gave instructions on consequences of refusing BAC testing?
    The officer can testify that instructions were given (and the consequences) and the test was refused, or they might show a video of the instructions.

    From what I read, there are no penalties for refusing the FSTs in Tennessee, so there shouldn't be any reason to inform you of non-existent consequences. Refusing the chemical test, on the other hand, DOES have consequences.
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  3. #3

    Default Re: No Sobriety Tests Given

    I just read on a law firm's web site that tennessee no longer prosecutes for refusal of a warrantless blood test. It says that if you refuse a blood test once a warrant is obtained, they will impose penalties and of course, take the blood by force. It does say that you cannot refuse a breath test, which in my case, a breath test was never offered, nor field sobriety tests, due to diabetic neuropathy in feet(poor balance when sober) Any opinion on this?

  4. #4
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    Default Re: No Sobriety Tests Given

    Refusing a chemical test comes with administrative penalties such as the suspension of your license. You can also STILL be prosecuted for the DUI based upon the officer's observations alone even if they do not compel a blood test via warrant. Even without a chemical test, a good officer can make the case without much difficulty.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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