Did you know? You can't refuse to refuse!

In State v Carroll, 2002 Tenn Crim App Lexis 674 the Court stated, "There is nothing in the record which establishes that the Appellant was unable to refuse the test. There was ample witness testimony that the Appellant was conscious and capable of understanding the events surrounding him after the accident. Our law is clear that the only time "the test shall not be given" is when the motorist "refuses to submit" to the test. There is simply no proof that the Appellant refused to submit to the testing. Thus, the trial court did not err by allowing the blood alcohol test results into evidence."

The refusing to refuse trick has reared it's ugly head nine years after the Carroll decision as advise from certain DUI defense "expert" attorneys. Apparently it is a new/old game as it is popping up in various locations around the State. Don't fall for this recycled ploy! If the driver refuses to refuse or consent, strap him down to the gurney and get the blood sample. The Court is with you!