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Determination of Implied Consent Violation Permissible on Remand

Tennessee's implied consent law requires drivers to consent to a blood test to determine alcoholic content of the blood if requested to do so by a police officer who has reasonable grounds to believe the person was driving under the influence of an intoxicant. Unless the person's driver's license is already revoked for a DUI conviction or other enumerated driving conviction, refusal to comply is a non-criminal, civil violation. The determination of whether this civil violation occurred is to be made by a judge, rather than a jury, and determined at the same time as any criminal charge (such as a DUI) relating to the same arrest incident. In the recent case of State v. Mackinnon, E2012-00594-CCA-R3-CD (Tenn.Crim.App. 5-29-2013), the Tennessee Court of Criminal Appeals found it is also permissible for a judge to make that determination on a remand from the Court of Criminal Appeals, if instructed to do so.

Determination of Implied Consent Violation Permissible on Remand

Tennessee's implied consent law requires drivers to consent to a blood test to determine alcoholic content of the blood if requested to do so by a police officer who has reasonable grounds to believe the person was driving under the influence of an intoxicant. Unless the person's driver's license is already revoked for a DUI conviction or other enumerated driving conviction, refusal to comply is a non-criminal, civil violation. The determination of whether this civil violation occurred is to be made by a judge, rather than a jury, and determined at the same time as any criminal charge (such as a DUI) relating to the same arrest incident. In the recent case of State v. Mackinnon, E2012-00594-CCA-R3-CD (Tenn.Crim.App. 5-29-2013), the Tennessee Court of Criminal Appeals found it is also permissible for a judge to make that determination on a remand from the Court of Criminal Appeals, if instructed to do so.

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