Breath and blood tests to determine alcohol or drug content of a motor vehicle operator’s blood

(a) A law enforcement officer who has probable cause to believe that the operator of a motor vehicle is driving while under the influence of any intoxicant, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof as prohibited by § 55-10-401, or committing the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, may request that the operator of the vehicle submit to test or tests for the purpose of determining the alcohol or drug content, or both, of that operator’s blood. Ask a traffic law question, get an answer ASAP!Thousands of highly rated, verified traffic lawyers. Parking violations, accidents, DUI/DWI, licensing, registration, and more Protect your vehicle and your rights with expert legal help now (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Operator: means :(A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.Probable cause: A reasonable ground for belief that the offender violated a specific law.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(b) (1) Breath tests may be administered under the following circumstances: (A) The operator’s implied consent to submit to breath tests pursuant to subdivision (d)(1); (B) The operator’s consent to submit to breath tests; (C) A search warrant; (D) Incident to a lawful arrest for any of the offenses set out in subsection (a); or (E) When breath tests are required to be administered pursuant to subdivision (c)(1). (2) Blood tests may be administered under the following circumstances: (A) The operator’s implied consent to submit to blood tests pursuant to subdivision (d)(1); (B) The operator’s consent to submit to blood tests; (C) A search warrant; (D) Without the consent of the operator if exigent circumstances to the search warrant requirement exist; or (E) When blood tests are required to be administered pursuant to subdivision (c)(2) and with a search warrant or without a warrant, if exigent circumstances to the search warrant requirement exist. (c) (1) (A) A law enforcement officer shall administer or cause to be administered breath tests for the purpose of determining the alcohol content of the operator’s blood if the officer has appropriate testing equipment available and has probable cause to believe that one (1) or more of the events in subdivision (c)(2)(A) have occurred; (B) A law enforcement officer shall administer or cause to be administered blood tests for the purpose of determining the alcohol or drug content of the operator’s blood if one (1) or more of the requirements for blood tests set out in subdivision (b)(2) are present and the officer has probable cause to believe that one (1) or more of the events in subdivision (c)(2)(A) have occurred; and (C) A law enforcement officer administering breath or blood tests shall decide whether to administer or cause to be administered breath tests, blood tests, or both tests, for determining the alcohol or drug content of the operator’s blood. (2) (A) A law enforcement officer shall administer or cause to be administered breath tests, blood tests, or both tests, pursuant to subdivision (c)(1) if