Tennessee’s drunk driving laws are about to get tougher on those who have been convicted of DUI before. These suspects will be required to take a blood alcohol test if police believe they’re driving drunk.
Most people accused of DUI have the right to refuse to take a breathalyzer or blood test. That’s about to change for those with previous drunk driving convictions, says Tom Kimble of the Tennessee District Attorneys General Conference.
“The challenge for law enforcement is going to be to explain to the driver that they’re no longer allowed to refuse. And then to get the test conducted. The officer has to decide, ‘do I offer this guy a breath test or a blood test?’”
Kimble says the change is meant to stop people convicting of drunk driving from doing it again. Defense attorney Rob McKinney says police might not have a complete picture of someone’s criminal record.
“A lot of times one might have been charged with a DUI and it might have been reduced or dismissed. Sometimes, in the computer database, they still show they have an active DUI. So, I think the police officer, they’re relying on some of this information on the computer that may not be 100 percent accurate.”
Even if the information is correct, McKinney says it’s unfair to single out DUIs offenders based on their history. Both McKinney and Kimble expect court challenges to the law after it comes into force. The mandatory blood alcohol test also applies to anyone suspected of DUI who has passengers in their car under the age of 16.
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