If I am arrested for Driving Under the Influence, can I be forced to submit to a chemical test?
In certain, very narrowly defined circumstances, the answer is “yes”. Basically, there are three scenarios in which a person can be “forced” to give a blood sample: 1) if a person has a prior conviction of DUI, Vehicular Assault or Vehicular Homicide, 2) if injury or death to another person results from driving under the influence, or 3) if there is a child in the vehicle who is under the age of sixteen at the time of arrest. (see T.C.A. §55-10-406).
These laws in Tennessee are constantly being challenged and/or changed, which is another reason it is vitally important to consult with an attorney who is familiar with these issues.