TOM KIMBALL, TRAFFIC SAFETY RESOURCE PROSECUTOR TN DISTRICT ATTORNEYS GENERAL CONFERENCE
There have been several requests for the Implied Consent Advisement form mentioned in the checklist. We have provide a link to the file on the TTSRS website. Please find the file at:
Mandatory Blood Draw Form
I believe everyone has an implied consent form for the common situation. This one is specific to the situation in which the statute mandates that the officer obtain blood with or without consent. The statute requires:
“ If a law enforcement officer has probable cause to believe that the driver of a motor vehicle involved in an accident resulting in the injury or death of another has committed a violation of §§ 55-10-401, 39-13-213(a)(2) or 39-13- 218, the officer shall cause the driver to be tested for the purpose of determining the alcohol or drug content of such driver's blood. Such test shall be performed in accordance with the procedure set forth in this section and shall be performed regardless of whether the driver does or does not consent to such test. The results of a test performed in accordance with this subsection may be offered as evidence by either the state or the driver of the vehicle in any court or administrative hearing relating to such accident or offense subject to the Tennessee rules of evidence.”
To be in accordance with the rest of 55-10-406, an implied consent warning has to be given the suspect, who either consents to the test or refuses the test. If he refuses, officers are still required to obtain a result and we also charge the individual with the refusal.
If you have any questions, please contact Tom Kimball or Jim Camp.
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Please contact Tom Kimball at one of the telephone numbers listed below with any questions.
Tom Kimball
Tennessee District Attorneys General Conference
Traffic Safety Resource Prosecutor
226 Capitol Blvd Suite 800
Nashville, Tennessee 37243
phone: 615 253 6734
cell: 615 945 0998
fax 615 253 6735
Blog: http://tnduiguy.blogspot.com/
Website: http://dui.tndagc.org
-ARIDE: Bristol Police Department Jan 10-11, 2011
-SFST Instructor: Memphis Police Department: Jan 17-21, 2011
-ARIDE: Chattanooga Police Department: Feb 7-8, 2011
-SFST: Jacksboro Police Department March 21-23, 2011
See more Training classes @ www.tntrafficsafety.org
