Amends TCA Title 39, Chapter 13; Title 40, Chapter 7, Part 1 and Title 55, Chapter 10, Part 4.

This bill revises provisions governing blood and breath tests for determining the presence of drugs and alcohol, as follows:<br /> <br /> PRESENT LAW<br /> <br /> Under present law, a law enforcement officer may request that the operator of a motor vehicle submit to a breath test, blood test, or both tests for the purpose of determining the alcohol or drug content, or both, of that operator's blood, if the officer has probable cause to believe that the operator is committing:<br /> <br /> (1) DUI;<br /> (2) Vehicular assault;<br /> (3) Aggravated vehicular assault;<br /> (4) Vehicular homicide related to intoxication; or<br /> (5) Aggravated vehicular homicide.<br /> <br /> A breath test may be administered based on:<br /> <br /> (1) The operator's implied consent based on the operation of a motor vehicle in this state;<br /> (2) The operator's express consent;<br /> (3) A search warrant;<br /> (4) Incident to a lawful arrest for any offense listed in (1)-(5); or<br /> (5) When a law enforcement officer has probable cause to believe that the motor vehicle operator committed any offense listed in (1)-(5) and the operator:<br /> (a) Has been involved in an accident resulting in the injury or death of another;<br /> (b) Has as a passenger in the motor vehicle a child under 16 years of age; or<br /> (c) Has a prior conviction for any offense listed in (1)-(5).<br /> <br /> A breath test must be performed when required by a search warrant or under the circumstances described in (5)(a)-(c) regardless of whether the operator consents to the test.<br /> <br /> If a law enforcement officer has probable cause to believe that a motor vehicle operator committed any offense listed above in (1)-(5), the law enforcement officer may administer a blood test for the purpose of determining the alcohol or drug content, or both, of that operator's blood only:<br /> <br /> (1) With the consent of the operator of the vehicle and after executing a waiver;<br /> (2) With a search warrant; or<br /> (3) Without the consent of the operator of the vehicle if, on a case by case basis, one or more of the recognized exigent circumstances to the search warrant requirements exist.<br /> <br /> Implied consent given by a motor vehicle operator is not sufficient to comply with the consent required to administer a blood test under present law.<br /> <br /> Except as may be required by a search warrant or other court order, if the operator of a motor vehicle is placed under arrest, requested by a law enforcement officer to submit to a breath test, advised that refusing to do so will result in suspension of the operator's driver license and may result in being required to operate only a motor vehicle equipped with an ignition interlock, and refuses to submit, the breath test must not be given, and the operator must be charged with a Class A misdemeanor for violating the implied consent law.<br /> <br /> It is a Class A misdemeanor offense for the operator of a motor vehicle to intentionally refuse, prevent, or obstruct the administration of a breath test or blood test to determine the alcohol or drug content of the operator's blood if:<br /> <br /> (1) The operator is required to submit to a breath test as described in (5)(a)-(c) above in situations involving a fatal or injurious accident, a passenger under 16 years of age, or a repeat offender;<br /> (2) The operator is required to submit to a breath test under a search warrant;<br /> (3) The operator is required to submit to a blood test under a search warrant or exigent circumstances; or<br /> (4) The operator is required to submit to both a breath test and a blood test under any of the circumstances in (1)-(4).<br /> <br /> THIS BILL<br /> <br /> This bill makes implied consent applicable to blood tests for determining the alcohol or drug content, or both, of a motor vehicle operator's blood.<br /> <br /> Under this bill, breath or blood tests may be administered based on:<br /> <br /> (1) The operator's implied consent;<br /> (2) The operator's consent;<br /> (3) A search warrant;<br /> (4) A lawful arrest for any offense listed in (1)-(5), for breath tests;<br /> (5) Exigent circumstances to the search warrant requirements, for blood tests without consent; or<br /> (6) When blood tests are required to be administered by search warrant, exigent circumstances, or as further described in this Bill Summary.<br /> <br /> Under this bill: <br /> <br /> (1) A law enforcement officer will administer or cause to be administered breath tests if the officer has appropriate equipment available and has probable cause to believe that one or more of the events described above under PRESENT LAW in (5)(a)-(c) have occurred; <br /> (2) A law enforcement officer will administer or cause to be administered blood tests if one of more of the applicable requirements for a blood test described above in (1)-(6) is present and the officer has probable cause to believe that one or more of the events described above under PRESENT LAW in (5)(a)-(c) have occurred;<br /> (3) The law enforcement officer will determine whether to administer or cause to be administered breath tests, blood tests, or both tests. This bill clarifies that prior to the administration of the test or tests the operator must sign a standardized waiver.<br /> <br /> This bill deletes the Class A misdemeanor offenses for intentional refusal, prevention, or obstruction of the administration of a breath test or blood test described in (1)-(4). However, this bill makes the present law requirement that a motor vehicle operator who refuses the breath test after being arrested and advised of the consequences for refusal be charged with violating the implied consent law and subject to suspension of the operator's driver license applicable to refusal to submit to a blood test under the same circumstances. <br /> <br />