In the state of Tennessee, it is against the law to drive under the influence (DUI) of drugs or alcohol. Anyone operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of .08% or greater is considered to be driving under the influence (DUI).
Tennessee DUI Laws– statute(s)
- C. A. § 55-10-401.
Tennessee DUI Laws – standard
- “It is unlawful for any person to drive or to be in physical control of any automobile . . . while: . . . [u]nder the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess.” T. C. A. § 55-10-401(1).
Tennessee DUI Laws – applicable substances
- Any intoxicant, marijuana, controlled substance, controlled substance analogue, drug or substance affecting the central nervous system.
Tennessee DUI Laws – affirmative defense
Tennessee Per se – statute(s)
Tennessee Per se – standard
- N/A
Tennessee Per se – applicable substances
- N/A
Tennessee Per se – affirmative defense
- N/A Implied consent – applicable drivers
- Any person who drive a vehicle in Tennessee. T. C. A. § 55-10- 406(a).
Tennessee Implied consent – tests authorized
- Test or tests for the purpose of determining the drug content of the person’s blood. T. C. A. § 55-10-406(a).
Tennessee Implied consent – basis for test
- LEO must have “probable cause to believe” the person was driving while under the influence of drugs. T. C. A. § 55-10-406(a).
- Test can be requested by LEO who has “probable cause to believe” that the driver of a motor vehicle involved in an accident causing death or injury to another operated a vehicle while under the influence. T. C. A. § 55-10-406(d)(5). Implied consent – evidence of refusal It appears that it is admissible, based upon court decisions. State v. Ford, 721 S.W.2d 828 (Tenn. Ct. App. 1986)
