Lee Davis: "No Refusal" Law enforcement In Effect On Hamilton County Roads For New Year's

Saturday, December 29, 2012
To combat drunk driving and the increased use of painkillers and other drugs while driving over the New Year's Day holiday, the Tennessee Highway Patrol and local law enforcement will be stepping up DUI and Drugged driving law enforcement on area roads. The "No Refusal" enforcement will be in effect today through New Year's day.

The most significant difference this year is that motorists who are impaired will not be able to refuse a blood test if an officer has probable cause to believe that the driver is impaired.
Previously a motorist could refuse a blood or breath test. Under a law that went into effect earlier this year, a police officer who has probable cause may obtain a search warrant to secure the blood of a suspected impaired driver.

As the TN Department of Safety states, the “No Refusal” law, enacted this year by the General Assembly, allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers. Previously, a suspected impaired driver could refuse a blood alcohol content test and face charges of violating the implied consent law. This new law enables law enforcement to legally obtain blood samples by working with prosecutors and judges throughout the state during the warrant acquisition process.

This process will be in effect throughout Hamilton County. This link provides a list of where Tennessee Highway Patrol will be conducting DUI checkpoints today through New Year's Day.

The legislation was passed in part because of the persistent danger of drunk driving and also because of the dramatically increased rates that impaired people driving are impaired by painkillers and other drugs. These drugs do not show up in a standard breath test but can be detected though blood analysis. A forced blood draw supported by probable cause is a significant step to combat the problem.

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Gas Prices Stay The Same In Chattanooga

Average retail gasoline prices in Chattanooga have not moved  in the past week, averaging $1.98 per gallon on Sunday, according to GasBuddy's daily survey of 170 gas outlets in Chattanooga. This compares with the national average that has fallen 0.9 cents per gallon in the last week to $2.28 per gallon, according to gasoline price website GasBuddy.com. Including the ... (click for more)

New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: 504 FINISHES 3011 LANCASTER CIR CHATTANOOGA, TN 37415 A TASTE OF SUNSHYNE 115 NORTH LOVELL AVE CHATTANOOGA, TN 37411 ADAM DODGE VARIOUS LOCATIONS CHATTANOOGA, TN 37400 BAKER AUDIO VISUAL VARIOUS LOCATIONS CHATTANOOGA, TN 37400 BEAD EPIDEMIC 1308 ALETHEA DR HIXSON, TN 37343 ... (click for more)

Robert Driver Jr. Shot At Bar Near Hamilton Place On Sunday Night

A man was shot at a bar near Hamilton Place Mall on Sunday night. At approximately  9:51 p.m.,  Chattanooga Police officers responded to the report of a person shot in the parking lot of Bar Louie located at 2100 Hamilton Place Blvd.   Responding officers located 34-year-old Robert Driver Jr. suffering from a gunshot wound. He was transported to a local ... (click for more)

1 Person Killed In 3-Car Accident In Dalton On Saturday

There was a fatal three-vehicle crash on the South Bypass in Dalton just south of Sawgrass Drive  on Saturday  at approximately  4:30 pm . The crash happened when the driver of a black Ford Mustang traveling southbound on the bypass for some reason left its lane of travel and crossed over the center line and hit a 2004 Chevy Silverado truck head on. ... (click for more)

Slaxxon Regret - And Response

Back in the seventies my three oldest brothers had a buddy named Steve Slack. “Slack” was a star soccer player at Baylor and he grew up on Lookout Mountain, which is where I grew up. He and Jimmy, Henry and Bill went to the University of Virginia where they were roommates in an old, beat up house that was painted pink. Naturally, the place became known as the “Pink Palace” but lest ... (click for more)

Roy Exum: This Library Comes Alive

I am pretty positive that I haven’t stepped foot in a library in the last 50 years. Between the ever-widening Internet, with all of its search engines and infinite resources, I have got about as much use for a library as I would if I read a book about a transgender person. I have neither the time or inclination. Be like trying to teach a pig to sing – the pig always get bored. ... (click for more)