Three significant new laws which impact impaired driving enacted in the most recent session of the Tennessee General Assembly are now in effect.
Public Chapter 961, which will be codified within Title 55, Chapter 19, Part 4 is entitled the “Tennessee Prevention of Drunk Driving Act”. The law requires that a police officer investigating a motor vehicle collision which has resulted in death and who has probable cause to believe that a driver was under the influence of alcohol at the time, shall investigate whether that driver was served alcohol at an establishment licensed to sell alcohol and shall notify the Alcoholic Beverage Commission within 48 hours of the event.
Public Chapter 1011 amends T.C.A. 55-10-402(a)(1)(B) to lower the blood alcohol content from 0.20% to 0.15% which then triggers the enhanced punishment for a first offense DUI from 48 hours to seven (7) days.
Public Chapter 892 amends T.C.A. 40-1-106 to clearly provide that a “law enforcement officer may execute a search warrant for medical records or a test to determine the alcohol or drug content…of a person’s blood anywhere in this state.” Another provision empowers a magistrate with “…statewide jurisdiction to issue search warrants…if at least one element of the alleged crime on which the search is based is committed within the jurisdiction of the magistrate.”
T.C.A. 55-10-406 was amended to address concerns about the collection of blood samples by hospitals and qualified practitioners when faced with an uncooperative driver. The statute requires that a practitioner withdraw a blood sample “as soon as practicable” upon service of a search warrant or other court order provided that doing so “does not jeopardize the operator’s life.” The consent of the operator is not necessary. The practitioner may use “all reasonable force to obtain the sample of blood”. The new law also requires that the results of testing of the blood during the “ordinary course of medical treatment must be recorded…in the (operator’s) medical records”.
T.C.A. 55-10-408 was also amended to clarify that if blood is withdrawn pursuant to a search warrant then a second warrant to test that blood sample is not needed. This is consistent with existing precedent.
