Results 1 to 7 of 7
  1. #1

    Default DUI Blood Draw Warrant

    My question involves criminal law for the state of: Tennessee- Is there a new law pertaining to DUI Blood Draws? I believe that I am understanding that blood draws without permission, must have a proper search warrant issued and that refusing the blood draw does not allow a new charge to be imposed.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,147

    Default Re: DUI Blood Draw Warrant

    You're confusing a couple of things and your conclusion is wrong.

    In 2013, the SCOTUS put restrictions on compelling a blood draw without a warrant. However, just recently this was weakened by the court with the addition of various "exigent circumstances" in light of implied consent laws.
    The case in point involved tests on an unconscious subject.

    Further, even when the blood draw can't be compelled. It is not the case that you can't be charged with the refusal. TN law makes a lawful chemical test refusal a misdemeanor of its own. The other thing happening in your state is that the courts have restricted the TBI in what testing services they can provide.

  3. #3

    Default Re: DUI Blood Draw Warrant

    I attained the records from the court clerk and hospital(I was transported to er for chest pain before taken to jail) and there is no search warrant, no refusal or agreement to allow blood draw but police checked special circumstances I box claiming that he had the right to draw blood without my agreement or a warrant due to medical reasons. Hospital records atate that I was fully alert and had normal comprehension of my surroundings. Did police overstep their boundaries? I could have signed. Police never asked for permission?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,147

    Default Re: DUI Blood Draw Warrant

    Your post is confusing. Why did the police draw your blood? What were you suspected of having done? Were you charged with something?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: DUI Blood Draw Warrant

    Post history is enlightening

  6. #6

    Default Re: DUI Blood Draw Warrant

    I was charged with DUI. Police neither got a search warrant or a signature from me to allow blood draw for BAC. I was in hospital for chest pain prior to being taken to jail and the police wrote in the box where I would have signed to allow them to draw blood with the statement " Unable to sign due to medical reasons", but medical records state that I was alert and comprehending normally. I obviously could have signed. Local Public defenders office stated to me that police could have gotten a search warrant if I was medically unable to sign my name. They did not. They are trying to abuse this new exigent circumstances law. Trying to get some opinions to reinforce what Public Defenders office has stated.

    Also, about the refusal statement. I did not refuse or agree. Police never asked. On the Tennessee Blood And/Or Breath Consent Advisement form, neither the consent or refeuse boxes or checked and there is no signature from myself either. There seems to be a requirement for the exigent circumstances to be used looking at the form: Prior DUI, Vehicular Assault, Aggravated Vehicular Assault, Vehicular Homicide, or Aggravated Vehicular Homicide, which in my case, none of these apply. Vehicle was parked at a gas pump, motor was not running, keys were in the seat, I was in the drivers seat. Police state that someone called them from the gas station stating that I was walking too slowly into and out of the gas station. Sounds to me like the police are lying to make up a reason for propable cause, which is required in TN for a DUI. They did not witness vehicle driving to the gas station, or me walking to or from the inside of gas station. Small town police looking for money?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: DUI Blood Draw Warrant

    In a prior thread (September of last year) you stated both that you had refused a blood draw and the officer obtained a warrant. It was a timing issue you were concerned with.

    https://www.expertlaw.com/forums/sho...625&highlight=

    Is this a new dui incident?

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Challenging a Search Warrant for a Blood Test
    By lorie42 in forum Criminal Procedure
    Replies: 13
    Last Post: 09-15-2018, 07:58 PM
  2. Medical Malpractice: Making a Medical Malpractice Claim for Nerve Damage After a Blood Draw
    By timbraden33 in forum Malpractice Law
    Replies: 18
    Last Post: 01-12-2017, 01:51 PM
  3. Medical Malpractice: Dad Died of G.I. Bleed in Same Hospital Where He Had Blood Tests for Blood Thinners
    By ijpinilla in forum Malpractice Law
    Replies: 3
    Last Post: 11-12-2013, 09:31 PM
  4. Chemical Tests: Hospital Blood Draw
    By andy84 in forum Drunk and Impaired Driving Charges
    Replies: 16
    Last Post: 04-23-2010, 08:31 PM
  5. Chemical Tests: Blood Test Administered After Refusal, Without a Warrant
    By JChon in forum Drunk and Impaired Driving Charges
    Replies: 12
    Last Post: 02-23-2009, 12:25 AM
 
 
Sponsored Links

Legal Help, Information and Resources