By ALEXIS ZOTOS
6 News Reporter
KNOXVILLE (WATE) - For most major holidays, law enforcement agencies put extra officers on the streets and set up checkpoints to find drunk drivers. This year, law enforcement is taking it a step further, getting warrants compelling DUI suspects to take blood tests.
The "No Refusal Law" follows a change in state law. Gov. Bill Haslam signed it into law in May, but it will take full effect beginning Tuesday at 6:00 p.m. just in time for the July 4th holiday.
Last Fourth of July, four out of the eight holiday weekend fatalities involved alcohol, and officials hope this law will make the roads safer.
"On No Refusal Weekend, it's exactly that. If you refuse a blood test, we will be seeking a search warrant for your blood on all those cases," said Assistant District Attorney Sarah Keith.
Previously, if a driver was pulled over under suspicion of DUI, he could refuse a blood test and lose his license for a year under the implied consent law.
Now, as long as there's probable cause, officers can request a warrant and force a driver to give his blood sample.
"Now basically there is no refusal. You can't refuse the test," said Tennessee Highway Patrol Sgt. Randall Martin.
In Knox County, a magistrate is on call 24/7 to issue the warrants, and this weekend the DA's office will have attorneys on call to answer any questions from officers.
But with an increased number of warrants, DUI attorneys say there could be cause for them to be overturned.
"In defending these cases, we have to look at the manner in which the blood was obtained. If it was search warrant, then we have to look at how that search warrant was obtained to make sure everything was done correctly, that all the prerequisites were followed before the blood is actually drawn," said attorney Steve Oberman.
And the DA's office is aware of this. "I believe there will be some growing pains in implementing this system. There are always growing pains when a law changes or you try something new," Keith said.
According to THP, last year 946 people were killed in motor vehicle accidents, and 26 percent of those involved alcohol. This year, the number of fatalities is at 497.
The hope is, if anything, the new law will act as a deterrent.
"All enforcement works that way. If you make bad choices, there will be ramifications. It's illegal to drink and drive. It's dangerous to drink and drive, and drinking and driving cost people their lives"
Last year's Fourth of July weekend saw the lowest number of deaths on record.
THP hopes that will continue this year, but the preliminary number of alcohol related crashes is up for the year. It has increased by 7.5 percent, compared to this time last year.
No Refusal Weekend will run from Tuesday at 6:00 p.m. to midnight on Sunday.
The DA's office plans to use this weekend as a test. They'll determine what worked and what didn't and from there, they'll examine the law in a case-by-case basis.
