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  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

    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

    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

    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

    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.

    Is this a new dui incident?

  8. #8

    Default Re: DUI Blood Draw Warrant

    Yes, this is a new DUI case. Previous case was dismissed by da due to bad warrant. This one looks to me like the officer wanted to go home and thought he could use me being in the er as excigent circumstances. I was not unconcsious, there was no accident, the vehicle was parked with the keys not in the ignition, officer did not see the vehicle move. He was told by a gas station customer while he was at gas station on another call, that I was walking slow to and from the cashier. I was fully alert and aware of my surroundings and who I was according to er report. I need advice on how to get this suppressed in general sessions court where I will be representing myself. I would like to list all the questions I plan to ask the officer at the preliminary.

  9. #9
    Join Date
    Jul 2010

    Default Re: DUI Blood Draw Warrant

    Given the amount of DUI cases you seem to be getting that all hang on technical issues and not the fact that you were not, in fact, driving drunk; I gotta ask: Are you getting treatment for either the medical condition that is causing you to repeatedly appear to be intoxicated or if not a medical issue then the alcoholism that is driving your foolish and dangerous behavior?

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