Baker Associates Blog

What Should I Know About Blood Samples and Traffic Stops?

By admin on March 18, 2014

Under current Tennessee law, police officers are allowed to order blood samples during traffic stops even when the driver does not give consent. There is currently much debate on whether this law violates drivers’ Constitutional rights. Proponents of the law, such as Mothers Against Drunk Driving (MADD), say that driving is a privilege and that all drivers must agree to give a blood sample when asked. Opponents, however, say that it is unconstitutional to require a blood test without justification.

In 2013, the U.S. Supreme Court ruled that in order to take a blood sample, you must have consent, a search warrant, or exigent circumstances. This coming May, the ruling will be reevaluated by the court. The outcome of the court’s decision could have a significant impact on drivers statewide. Read the rest »

Posted in: DUI  | 

Tennessee Lawmakers Considering Harsher Penalties for Drunk Drivers

By admin on March 4, 2014

The penalties for driving under the influence (DUI) in Tennessee could increase dramatically if Dustin’s Law is passed. According to a WSMV news report, Dustin’s Law would allow prosecutors to pursue more serious penalties for first-time DUI offenders. Currently, the most severe punishments are reserved for those who have a prior DUI and a blood-alcohol level three times the legal limit.

There is speculation that the bill has not been passed yet because of how much it will cost the state. It would result in longer jail sentences for a number of Tennessee drivers, which according to the report, would cost the state an estimated $445,000. Read the rest »

Posted in: DUI  | 

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