Governor Expected to Sign New DUI Law
New legislation requiring blood draws in some DUI cases is expected to be signed by Governor Bill Haslam sometime soon. It was passed by the legislature despite some critics calling it an infringement on constitutional rights. The new law will go into effect on January 1, 2012 if the Governor signs it like he is expected to.
The law would require a blood test from any suspected drunk driver who has prior DUI convictions or who is found driving with a juvenile in the car. This blood draw would be taken whether or not the suspect refuses and no matter what their opinion on the matter is.
Of course the law passed because “we’re tired of drunk drivers killing people,” according to one District Attorney. Steve Bebb goes on to say, “We don’t know if it will stand up or if it’s constitutional, but we’ll test it.” Interesting that a District Attorney would support a law that he doesn’t even know for sure is constitutional.
Currently, if you are pulled over you can refuse a breath or blood test. But because of the implied consent law, you will lose your driving privileges for this refusal. The powers that be believe chronic DUI offenders are using this to their advantage because they “don’t care” whether or not they have a license.
In 2009 police began forced blood draws in DUI cases involving vehicular assault or vehicular homicide. As of yet, the constitutionality of this law has not been formally challenged in the courts.
The reason the constitutionality of these forcible blood draws is in question is because of their potential violation of the 4th Amendment, protecting against unreasonable searches and seizures.
A Knoxville based defense lawyer says, “Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues.” The Legislative Chair for the Tennessee Association of Criminal Defense sees many potential constitutional problems with the legislation but admits it won’t be challenged until it’s passed and being practiced.
Governor Haslam is expected to sign this legislation that would only affect those with prior DUI convictions. Whether you are arrested before it goes into effects next year or if you become one of the first to have their blood forcibly drawn, you will want an advocate on your side when it comes time to go to court.
Contact us today to discuss your DUI case and how the new law might affect you.
