Being stopped for a suspected DUI is a nerve-wracking experience. The flashing lights, the officer’s questions, and the uncertainty of what comes next can leave you feeling overwhelmed. The decisions you make in those tense moments can have lasting repercussions, particularly regarding your rights and how to respond to the officer’s requests.
One of the biggest questions you might have is about blood tests. Can you refuse the test? What happens if you do? What exactly does the blood test reveal? This blog aims to answer all your questions about DUI blood tests in Tennessee. We’ll explain the process, your rights, and the legal implications, helping you navigate this situation with knowledge and confidence.
Understanding Blood Tests in DUI Cases
Blood tests play a pivotal role in DUI cases, often providing essential evidence regarding a driver’s level of intoxication. Here’s what you need to know about these tests:
What a Blood Test Measures
A blood test in a DUI case measures the blood alcohol content (BAC) of the driver. BAC is the amount of alcohol in your bloodstream, expressed as a percentage. For instance, a BAC of 0.08% means there are 0.08 grams of alcohol per 100 milliliters of blood. This measurement is significant because it can directly indicate whether a driver was legally intoxicated at the time of the test.
When Is A Blood Test Administered In A DUI Stop?
When a driver on the road is suspected of DUI, the process usually begins with a traffic stop and an investigation. An officer will likely ask questions, administer field sobriety tests, and request a preliminary breath test roadside. If the officer believes there is sufficient evidence of impairment, the driver will be arrested and taken into custody.
Following the arrest, the driver is transported to a medical facility or a police station where a blood draw can be performed. At the facility, a qualified medical professional, such as a nurse or phlebotomist, will draw a blood sample from the driver’s arm using sterile equipment. This procedure must be conducted with precision to ensure the sample’s integrity.
Once the blood sample is collected, it is carefully labeled and stored to prevent contamination or tampering. Proper handling and storage are essential to maintaining the sample’s validity. The sample is then sent to a laboratory for analysis, where technicians use specialized equipment to measure the BAC and, in some cases, screen for drugs.
Can You Refuse a Blood Test for DUI?
When faced with a DUI arrest, one of the critical decisions you’ll encounter is whether to comply with a blood test. Here’s what you need to know about your rights and the consequences of refusing a blood test in a DUI situation.
Implied Consent Laws
In Tennessee, as in many other states, implied consent laws are in place. These laws state that by driving on public roads, you automatically consent to chemical testing (such as breathalyzer and blood test) if you are lawfully arrested for a DUI. This means that refusing a blood test can lead to legal consequences, as you have already given implied consent by using public roadways.
You do have the right to refuse a blood test, but there are important considerations. Refusing a blood test will likely result in an implied consent charge, which can lead to a one-year suspension of your driving privileges if convicted. However, it is worth noting that being convicted of a DUI first offense can lead to a similar penalty–a loss of driving privileges for a year. Yet, the DUI comes with additional repercussions causing it to in most cases be advantageous to refuse the blood test. Additionally, as of July 1, 2024, the new law requires 7 consecutive days in jail if convicted with a BAC above .15. Thus, refusing a blood test may also decrease the mandatory minimum jail time if convicted of DUI.
While refusing a blood test can result in an implied consent charge, it can also affect the prosecution’s case against you. Without blood test results, the prosecution might rely more heavily on other evidence such as officer observations, field sobriety test results, and any statements you made. The absence of a BAC reading can sometimes make it more difficult for the prosecution to prove their case beyond a reasonable doubt.
It’s important to understand the implications of refusing a blood test. The decision can significantly impact both the immediate penalties you face and the outcome of your DUI case. It’s always advisable to consult with a DUI lawyer in Tennessee to understand your rights and the best course of action in your specific situation.
Do DUI Blood Tests Check for Drugs?
DUI blood tests are not limited to measuring blood alcohol content. They can also be used to detect the presence of drugs in your system. Blood tests are considered a reliable method for detecting various substances, making them a common tool for law enforcement in DUI cases.
When Are Drug Tests Administered?
Drug tests are typically administered if an officer has reasonable grounds to believe that a driver is impaired by drugs. This might be due to physical symptoms of drug use, the presence of drugs in a driver’s vehicle, or the driver’s admission of drug consumption. In such cases, the blood sample collected during a DUI stop can be analyzed for a wide range of drugs.
What Drugs Are Tested for in a DUI Blood Test?
Blood tests in DUI cases can screen for several types of drugs, including but not limited to:
- Marijuana (THC): One of the most common drugs tested for, THC is the active psychoactive component in marijuana. Blood tests can detect both the presence of THC and its metabolites.
- This is significant because a high inactive metabolite means that an individual is potentially a habitual THC user. Being a habitual THC user means that an individual would need a higher level of the active component of THC in the blood to be impaired off the THC. A low inactive with a relatively high active metabolite could make it seem that the person is potentially impaired.
- However, the NHTSA, National Highway Traffic Safety Administration, has admitted that there is no way to establish marijuana impairment, similar to the .08 BAC for alcohol, based solely off the blood results. As such, marijuana impairment generally comes down to the officers’ observations more than the blood results.
- Cocaine: This stimulant is another substance commonly screened in DUI blood tests. The presence of cocaine or its metabolites indicates recent use.
- Opiates: This category includes drugs like fentanyl, heroin, and prescription painkillers such as oxycodone. Blood tests can identify these substances and their metabolites.
- Benzodiazepines: Medications such as Valium and Xanax fall into this category and can impair driving ability. Blood tests can detect these drugs, especially if they are abused or taken in large quantities.
- Amphetamines: These include prescription medications such as Adderall, and illicit drugs such as methamphetamine.
- Generally, drugs such as amphetamines are CNS stimulants that may help an individual’s ability to drive by increasing their clearness of mind rather than decreasing it. This is significant because the judge will inform the jury that the jury must find the individual’s clearness of mind was altered by the drug resulting in it being unsafe to operate a motor vehicle. However, if the drug is intended to help an individual’s ability to focus or decrease anxiety, it can be argued that it helped the person’s ability to drive so they cannot be guilty of DUI.
Each of these substances has specific legal thresholds for what constitutes impairment, and the presence of these drugs can significantly impact a DUI case.
Can You Get a DUI Without a Breathalyzer or Blood Test?
Many people assume that a DUI charge hinges solely on the results of a breathalyzer or blood test. However, it’s entirely possible to be charged and convicted of a DUI without these tests. Here’s how it works:
Alternative Evidence in DUI Cases
Even without a breathalyzer or blood test, law enforcement officers can gather other forms of evidence to support a DUI charge. This evidence can include:
- Field Sobriety Tests (FSTs): These are physical and cognitive tests administered by officers during a traffic stop to assess a driver’s impairment. Common FSTs include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Performance on these tests can be used as evidence of impairment.
- Officer Observations: Police officers are trained to identify signs of impairment through observation. This can include noting the driver’s behavior, speech patterns, balance, coordination, and the smell of alcohol or drugs. These observations are documented and can be used in court to establish impairment.
- Driver Statements: Anything a driver says during a traffic stop can be used as evidence. Admissions of drinking or drug use, or any inconsistent or incriminating statements, can contribute to the case against the driver.
- Witness Testimony: Passengers, other drivers, or bystanders who observed the driver’s behavior can provide testimony regarding the driver’s condition and actions.
- Dashcam or Bodycam Footage: Video recordings from police vehicles or body cameras can capture the driver’s behavior, performance on FSTs, and interactions with officers. This footage can be compelling evidence in court.
Legal Standards for Proving Impairment
To secure a DUI conviction, the prosecution must prove that the driver was impaired to the extent that they could not safely operate a vehicle. This can be achieved through the accumulation of the aforementioned evidence. The absence of a breathalyzer or blood test does not preclude the possibility of a conviction if other evidence sufficiently demonstrates impairment.
This is where a DUI defense attorney in Tennessee can make a significant difference. There are several defense strategies that can be employed to challenge the prosecution’s case:
- Challenging Field Sobriety Tests: The accuracy and administration of FSTs can be questioned. Factors such as uneven surfaces, poor lighting, and the driver’s medical conditions can affect performance. An experienced attorney can highlight these issues to undermine the reliability of FST results.
- Questioning Officer Observations: Officers’ subjective observations can be challenged, especially if there is a lack of corroborating evidence. A defense attorney can present alternative explanations for the driver’s behavior, such as fatigue or medical conditions, to cast doubt on the officer’s conclusions.
- Highlighting Inconsistencies: Any inconsistencies or gaps in the prosecution’s evidence can be exploited. This includes discrepancies in the officer’s report, witness statements, or video footage. A diligent attorney will meticulously review all evidence to identify and expose these weaknesses.
While a breathalyzer or blood test can provide clear evidence of intoxication, a DUI charge can still be substantiated through other means. Understanding these alternatives is essential for building a robust defense strategy and ensuring that your rights are protected. A knowledgeable DUI lawyer can review the facts of the matter and work to achieve the best possible outcome for your case.
My Blood Was Ilegally Obtained: Can My Lawyer Supress My Blood Results From Being Used In Court?
Potentially. Every case is fact specific as to whether the blood results can be suppressed. There are numerous legal requirements and/or issues that can prevent the blood results from being admissible in court.
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Generally, an officer can get blood in 4 different ways in a DUI case. All four methods will usually require, at a minimum, that the officer has probable cause to believe a blood draw would result in evidence of DUI to intrude on the human body through a blood draw.
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- Search Warrant: Other than the question of probable cause, your lawyer should review the specific request of the search warrant. We have had cases where officers received a search warrant for a blood draw that resulted from a medical purpose blood draw but the officer has the officer draw blood with their blood kits and get it sent to the TBI. Under this scenario, the search warrant did not authorize an investigatory blood draw by the TBI so the blood had to be suppressed.
- Voluntary Consent: Such consent must be intelligently, knowingly and voluntarily given. As such, the factors surrounding the consent are always important to evaluate. Part of the statute states a search warrant is required if the driver is unconscious or otherwise in a condition where they are incapable of refusal. Courts have found an individual may be incapable of refusal if the driver was in an accident and received IV with strong pain medications that alter the state of mind of the defendant, these factors may result in a court finding a lack of voluntary consent.
- Implied Consent: Requires a signature prior to the blood draw. While it seems like a simple task for law enforcement, far too often officers fail to get a signature until after the blood draw. This can result in the results being inadmissible through the implied consent law if the State cannot establish there was any type of voluntary consent prior to the reading of the implied consent law.
- Medical Records Subpoena: Sometimes in cases with serious wrecks, more often in vehicular assault and vehicular homicide cases, the State will subpoena medical records wherein blood was taken for medical purposes, rather than investigatory purposes. These blood draws are usually serum blood, rather than whole blood, causing upwards of a 30% increase in the true level of blood in the individual’s blood. Thus, serum blood generally inflates the true level of alcohol in the blood. In such cases, experts are usually retained to establish the unreliability of that blood draw, especially where there is minimal, if any, other evidence of impairment.
Barnes & Fersten’s Knoxville Lawyers Can Help
If you’re facing a DUI charge, whether or not a blood test is involved, it’s important to know what you’re up against. The consequences can be severe, but with the right legal guidance, you can navigate this challenging situation effectively. Contact our experienced DUI defense attorneys today for a consultation. We’ll stand by your side, providing expert advice and aggressive representation to ensure your rights are upheld. Don’t wait—reach out to us now and take the first step toward a strong defense and peace of mind.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
