If you think when you get pulled over you can't refuse a blood test now in Tennessee, you may have been misled by the name of the new DUI prevention law.
Assistant District attorney Kate Lavery admits she doesn't like the name No Refusal.
She said, "When it's called a no refusal law, it gives the implication that we're doing it for every single DUI first."
In a meeting with law enforcement, Lavery lists which conditions require an officer to issue a blood test, even without consent or a warrant.
Someone has to have been killed or injured in an car crash, or a child under 16 is in the car, or under the new law, a person with a prior DUI offence must have blood drawn.
The officer must also have probable cause to believe the driver is impaired.
Hamilton County Sheriff's Department Captain Charles Lowery says the blood test also allows them to test for drugs, while a breath test only tests for alcohol.
"Number of years ago they had a choice of breath or blood. Now the choice is basically ours, and that's a good thing also that we can say 'No I think you've got more in your system than just alcohol so we're gonna check your blood,'"said Lowery.
Lavery calls the new law a blessing for prosecuting repeat DUI offenders.
"They have multiple DUI's. We punish them every time but not having a BAC there was less we could do to punish them because we didn't have as much evidence as a prosecutor might need to give them the full punishment,"said Lavery.
