View Full Version : TN "no refusal" Blood test checkpoints Labor Day weekend
DavieD55
08-29-2014, 03:17
THP to conduct 'no refusal' enforcement Labor Day weekend
Posted: Aug 24, 2014 6:35 PM MDT<em class="wnDate">Sunday, August 24, 2014 8:35 PM EDT</em>Updated: Aug 24, 2014 08:36 PM
NASHVILLE, Tenn. -
The Tennessee Highway Patrol will conduct a “no refusal” enforcement campaign this Labor Day weekend.
It goes into effect at Midnight Friday, Aug. 29 and concludes at Midnight Monday, Sept. 1.
The “no refusal” campaign means that if a driver is pulled over for suspected drinking and driving they cannot refuse to take a blood test. It allows law enforcement to seek search warrants for blood samples if they suspect someone is driving while impaired.
“Law enforcement officials have another tool to utilize to deter impaired driving and reduce fatal crashes on Tennessee roadways by conducting ‘no refusal' enforcements,” THP Colonel Tracy Trott said.
Troopers will conduct “no refusal” enforcement in the following counties: Union, Hamilton, Marion, Montgomery, Shelby, Hawkins, Smith, Maury and Hardin.
Officials said there will also be driver's license, sobriety and seatbelt checkpoints, as well as saturation patrols and bar and tavern checks.
“Our district captains have created enforcement plans specific to their regions. So, there will be a variety of specialized enforcement during Labor Day, including distracted driving, commercial vehicle safety, and Move Over enforcement, for example. However, the priority is always on impaired driving and seatbelt enforcement,” Trott said.
Over Labor Day weekend in 2013, 16 people were killed in 15 fatal crashes on Tennessee roadways.
So far in 2014, there have been 3,981 crashes on Tennessee roadways involving alcohol-impaired drivers, about 399 less than last year.
Seatbelt usage is another contributing factor in crashes across the state. To date, 50 percent of vehicle occupants killed in crashes were not wearing safety restraints in 2014.
Full Article (http://www.wkrn.com/story/26358249/thp-to-conduct-no-refusal-enforcement-labor-day-weekend)
thedave1164
08-29-2014, 05:02
It's for the children
Good. I think a chemical test should be mandatory for anyone suspected of DUI.
DavieD55
08-29-2014, 06:09
Good. I think a chemical test should be mandatory for anyone suspected of DUI.
Yeah but the checkpoints must stop.
Not wearing a seat belt contributes to cart accidents now? Poor wording.
cmailliard
08-29-2014, 06:50
The article itself does not say this will be done at checkpoints. The article says if someone is pulled over for suspected DUI they will do a no refusal blood test. In addition they will be doing checkpoints and the other things. You cannot do blood draws on everyone driving through a checkpoint, that would take forever.
Last I knew, in Colorado if you fail roadside sobriety testing (after showing signs of DUI) you have the option of Blood or Breath. If you refuse blood or breath you are arrested on DUI charges. If you do not refuse you are released to a sober person, pending the outcome of the testing. So Colorado is not really any different every day of the week.
Bailey Guns
08-29-2014, 07:17
Last I knew, in Colorado if you fail roadside sobriety testing (after showing signs of DUI) you have the option of Blood or Breath. If you refuse blood or breath you are arrested on DUI charges. If you do not refuse you are released to a sober person, pending the outcome of the testing. So Colorado is not really any different every day of the week.
Not quite accurate. You're not arrested for refusing to take a chemical test. You're arrested for DUI and if you refuse a test of your breath or blood your license is revoked for a year pending a hearing with the DOR. And the arresting officer has several options for placing the arrested person: release to sober party, detox or jail, whether the person submits to a blood/breath test or not.
While I suppose it's possible in CO for an officer to get a warrant to force a blood test on a person arrested for DUI, it's extremely unlikely unless there are extenuating circumstances such as an accident involving a fatality. But then the DUI would not be the most serious charge.
I really don't support DUI checkpoints (even though I've been involved in conducting them). I don't like the idea of motorists being stopped, regardless of how briefly, when there's no reasonable suspicion they've done anything wrong. Then again, in my experience the average non-impaired driver is stopped at a checkpoint for less time than waiting for a traffic light cycle (the time the driver is actually in contact with the officer). So, we're not talking about a significant amount of time drivers are being detained...but it's still an infringement on freedom of movement without evidence of criminal activity. On the other hand, I have a real problem with people who drive drunk or impaired.
speedysst
08-29-2014, 08:12
The blood or breath test happens after you are arrested for DUI. Once in custody you choose which you want and if you refuse, your license is revoked for a minimum of one year. If you screw around playing the game of not making a decision or changing your mind over and over, I considered it a refusal because there is a time limit go get the tests done. If the BAC exceeds the legal limit, DUI per se is added on to the charges. You can still get a DUI without the tests due to driving behavior and performance on roadside tests.
The article itself does not say this will be done at checkpoints. The article says if someone is pulled over for suspected DUI they will do a no refusal blood test. In addition they will be doing checkpoints and the other things. You cannot do blood draws on everyone driving through a checkpoint, that would take forever.
Last I knew, in Colorado if you fail roadside sobriety testing (after showing signs of DUI) you have the option of Blood or Breath. If you refuse blood or breath you are arrested on DUI charges. If you do not refuse you are released to a sober person, pending the outcome of the testing. So Colorado is not really any different every day of the week.
kawiracer14
08-29-2014, 08:29
This has been going on in Bexar County Texas (San Antonio) for quite a while.
Does LE have to place you under arrest before the "no refusal" test can be performed?
Bailey Guns
08-29-2014, 12:48
In CO you wouldn't be offered the test if you were not arrested. I don't know about TN.
OneGuy67
08-29-2014, 12:54
And as Bailey has mentioned, we don't do warrants in Colorado for a sole DUI. It would have to be for a more serious offense as we have the administrative side of things and can still charge DUI based upon observations, performance on roadsides, etc.
From what I know about CO driver's license law, by being in possession of a CO DL you consent to chemical testing to prove you can safely operate a motor vehicle on public roadways. We are an implied consent law state, meaning "When you signed forms to apply for a driver’s license, you agreed to comply with requests by law enforcement officers to take chemical testing to determine your blood-alcohol content (BAC)." YMMV, but in CO the statute states you can possibly loose your license for up to 1 year for failure to comply (as other users previously stated). Now, not sure what TN law states, and if they're in fact an Implied Consent state... best option, if you don't drink and drive you shouldn't have to worry, regardless of how I personally feel about DUI checkpoints (which I personally don't agree with- same with Bailey, for the reason that there is no PC that you are under the influence). Statistically (as stated by a CSP SFST instructor), on average 1 out of 10 drivers on the road is driving under the influence of alcohol at any given time.
THP to conduct 'no refusal' enforcement Labor Day weekend
Posted: Aug 24, 2014 6:35 PM MDT<em class="wnDate">Sunday, August 24, 2014 8:35 PM EDT</em>Updated: Aug 24, 2014 08:36 PM
NASHVILLE, Tenn. -
The Tennessee Highway Patrol will conduct a “no refusal” enforcement campaign this Labor Day weekend.
It goes into effect at Midnight Friday, Aug. 29 and concludes at Midnight Monday, Sept. 1.
The “no refusal” campaign means that if a driver is pulled over for suspected drinking and driving they cannot refuse to take a blood test. It allows law enforcement to seek search warrants for blood samples if they suspect someone is driving while impaired.
“Law enforcement officials have another tool to utilize to deter impaired driving and reduce fatal crashes on Tennessee roadways by conducting ‘no refusal' enforcements,” THP Colonel Tracy Trott said.
Troopers will conduct “no refusal” enforcement in the following counties: Union, Hamilton, Marion, Montgomery, Shelby, Hawkins, Smith, Maury and Hardin.
Officials said there will also be driver's license, sobriety and seatbelt checkpoints, as well as saturation patrols and bar and tavern checks.
“Our district captains have created enforcement plans specific to their regions. So, there will be a variety of specialized enforcement during Labor Day, including distracted driving, commercial vehicle safety, and Move Over enforcement, for example. However, the priority is always on impaired driving and seatbelt enforcement,” Trott said.
Over Labor Day weekend in 2013, 16 people were killed in 15 fatal crashes on Tennessee roadways.
So far in 2014, there have been 3,981 crashes on Tennessee roadways involving alcohol-impaired drivers, about 399 less than last year.
Seatbelt usage is another contributing factor in crashes across the state. To date, 50 percent of vehicle occupants killed in crashes were not wearing safety restraints in 2014.
Full Article (http://www.wkrn.com/story/26358249/thp-to-conduct-no-refusal-enforcement-labor-day-weekend)
This is the one that concerns me. What exactly is this?
How hard is it to find a drunk in a bar anyway?
Bailey Guns
08-29-2014, 15:39
They probably aren't looking in bars just for potential drunk drivers. Cops go into bars all the time for various reasons, but often times it's to check for "over serving" and other violations. If you're looking for DUI drivers, trust me...you don't have to hang out near a bar parking lot.
sabot_round
08-29-2014, 15:40
NASHVILLE, Tenn. -
The Tennessee Highway Patrol will conduct a “no refusal” enforcement campaign this Labor Day weekend.
It goes into effect at Midnight Friday, Aug. 29 and concludes at Midnight Monday, Sept. 1.
The “no refusal” campaign means that if a driver is pulled over for suspected drinking and driving they cannot refuse to take a blood test. It allows law enforcement to seek search warrants for blood samples if they suspect someone is driving while impaired.
“Law enforcement officials have another tool to utilize to deter impaired driving and reduce fatal crashes on Tennessee roadways by conducting ‘no refusal' enforcements,” THP Colonel Tracy Trott said.
Troopers will conduct “no refusal” enforcement in the following counties: Union, Hamilton, Marion, Montgomery, Shelby, Hawkins, Smith, Maury and Hardin.
Officials said there will also be driver's license, sobriety and seatbelt checkpoints, as well as saturation patrols and bar and tavern checks.
“Our district captains have created enforcement plans specific to their regions. So, there will be a variety of specialized enforcement during Labor Day, including distracted driving, commercial vehicle safety, and Move Over enforcement, for example. However, the priority is always on impaired driving and seatbelt enforcement,” Trott said.
Over Labor Day weekend in 2013, 16 people were killed in 15 fatal crashes on Tennessee roadways.
So far in 2014, there have been 3,981 crashes on Tennessee roadways involving alcohol-impaired drivers, about 399 less than last year.
Seatbelt usage is another contributing factor in crashes across the state. To date, 50 percent of vehicle occupants killed in crashes were not wearing safety restraints in 2014.
This is the one that concerns me. What exactly is this? A.P.C. perhaps?
How hard is it to find a drunk in a bar anyway?
Daniel_187
08-29-2014, 20:05
The seat belt thing bothers me most (rant). I will get a ticket for not wearing a seat belt in my car(plates) THAT I PAY FOR, on a road THAT I PAY FOR, by a cop that I PAY FOR. And asked to pay more if I choose to not where a seat belt THAT I PAY FOR.
jerrymrc
08-29-2014, 20:20
The seat belt thing bothers me most (rant). I will get a ticket for not wearing a seat belt in my car(plates) THAT I PAY FOR, on a road THAT I PAY FOR, by a cop that I PAY FOR. And asked to pay more if I choose to not where a seat belt THAT I PAY FOR.
The trick is that outside of the cop you do not have to pay for any of it. You can always take a bus. [LOL]And you can pay for that....
DavieD55
08-29-2014, 20:31
The seat belt thing bothers me most (rant). I will get a ticket for not wearing a seat belt in my car(plates) THAT I PAY FOR, on a road THAT I PAY FOR, by a cop that I PAY FOR. And asked to pay more if I choose to not where a seat belt THAT I PAY FOR.
Yeah well, you waived your Constitutional rights when you agreed to the terms and conditions of the contract with the state when you signed for the DL. Now shut up and pay your taxes like a good little citizen.
the state is going to protect the f--- out of you.
[Sarcasm2]
jerrymrc
08-29-2014, 20:46
the state is going to protect the f--- out of you.
[Sarcasm2]
Only when he gets injured on the bus. [Beer]
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