So what does the new law say? The law, which took effect on July 1st, eliminates some charges for those who refuse to submit to certain drugs and alcohol impairment tests. Lawmakers have passed a rule that says drunk drivers who refuse to submit to a blood alcohol test can still have their driver’s license suspended, but cannot face additional fines or jail time as a result of refusing.
Lawmakers say they passed the law to comply with the Birchfield decision, which ruled that implied-consent laws were unconstitutional in some cases. The goal is to change the law to comply with the ruling and to do that legislators needed to create a new law that does not criminalize a suspected drunk driver’s refusal to submit to a blood test.
The problem, according to MADD, is that Tennessee is prioritizing the rights of drunk drivers over the rights of the larger community to be free from dangers on the road. MADD has attacked the legislation as an example of lawmakers being soft on crime. The Tennessee Association of Criminal Defense Lawyers say that they don’t like the new law either as it stiffen penalties for some drunk driving offenses. They also feel the law should go farther in making clear that warrantless blood tests are unconstitutionally improper in the vast majority of cases.
The lawmakers who have found themselves under fire say they’re only doing what they feel is required to bring Tennessee into alignment with the Supreme Court ruling. Additionally, legislators say if they had failed to take action Tennessee would’ve lost federal revenue as a punishment, jeopardizing other public safety programs.
Source: “MADD is…mad about changes to Tennessee DUI law,” by Mike Osborne, published at WMOT.org.