Sevierville DUI Lawyers

"No Refusal"

In recent years, police in Sevierville and all across Tennessee have been rolling out more and more blood tests during procedures for suspected drunk drivers. In some cases, blood tests have been conducted according to the "No Refusal" policy, which makes submission obligatory if warrants are issued – and they usually are. This development has been quite disturbing as people are literally strapped to gurneys and forced to give blood by law enforcement officers. Drivers should be on the lookout for "no refusal" checkpoints, especially during holiday weekends, if they want to avoid being subjected to such ill-treatment by the police.

Field Sobriety Tests

In addition to aggressive, invasive checkpoints, officers also conduct routine patrols that target motorists suspected of driving under the influence (DUI). Because stops are often recorded on patrol car video cameras, Sevierville officers are well-trained in the administration of the Standardized Field Sobriety Test (SFST). The purpose of the SFST is to establish probable cause for a DUI arrest; however, these kinds of tests are observational, not scientific in nature, and officers are left to use their discretion, which may be biased on the side of prosecution.

Pursuant to Tennessee Code Annotated 55-10-406, the Sevierville DUI officer may request a blood sample from the DUI suspect for the purposes of testing for the presence of alcohol and drugs. If the DUI suspect consents, he or she is transported to the Fort Sanders Sevier Medical Center for blood testing. If the officer requests a breath test instead, and the suspect consents, he or she is taken to the Sevier County Sheriff Department to have his or her breath tested by the appropriate device.

Implied Consent and Penalties for Refusal

Since Tennessee is an implied consent state, refusal to take a test may result in automatic license suspension and other penalties, depending on the circumstances. If the checkpoint the arrest is conducted in is a "no refusal" zone, the suspect may be subjected to forced blood removal despite his or her protests if a warrant is granted.

Why You Need a Sevierville DUI Defense Attorney

A DUI conviction, even for a first time offense, can result in devastating penalties, including a jail sentence, exorbitant fines, license suspension, and more. Our excellent legal team at Baker Associates can help you build a defense against your charges by investigating the circumstances of your arrest, your arresting officer’s conduct, and the administration of your SFST and blood alcohol content (BAC) tests. We may be able to attain dropped charges based on procedural mistakes alone.

To learn more about your rights and legal options in a free consultation, call our Sevierville office at (865) 546-6000. You may also call our toll-free line at (866) 853-2888.

Sevierville Criminal Defense Resource Center

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.

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