Thanks to our superb receptionist Amber , she gave me the heads up on a news flash in DUI enforcement in Nashville over the Fourth of July holiday. Tennessee has adopted a no refusal holiday in drunk driving cases in several Tennessee counties including Maury and Davidson Counties. The concept of a no refusal weekend is have the police obtain a search warrant in all driving under the influence (DUI) cases. In Tennessee , an accused has a right to refuse a breath or blood alcohol test if suspected or drunk driving.  Once a citizen is arrested for DUI and refuses , the police would get a search warrant to take a blood sample.

Here is the possible scenario. DUI roadblock is set up. A citizen gets stopped at a DUI roadblock and the officers smell alcohol. Field Sobriety Tests are conducted and a DUI arrest is made. A refusal to submit to a breath or blood test is made.It is refused. A judge would be close by or available to review a search warrant and issue the search warrant. The blood is then taken over the accused’s consent.

Texas has used this enforcement technique for the last several years. So , I look forward to what the arrest numbers will be this holiday.

There will be several defenses raised in this new DUI enforcement measure. Law enforcement wants the public to believe that blood alcohol results are unbeatable. It is far from being the end all be all of a case. It is just one piece of the puzzle .