The A.G.'s office has issued an opinion that is perfectly consistent with previous materials we have issued concerning the forced blood change by the Legislature last year in Public Chapter 324.
The basic principles are:
1) Law enforcement must take blood in cases of vehicular homicide and DUI with injuries per 55-10-406 (f) and the driver may not refuse.
2) Drivers may not refuse testing per 55-10-406 (d) and case law in cases of vehicular homicide and aggravated assault.
3) Failure to obtain blood would be admissible in evidence, but may not qualify for a missing evidence instruction.
4) The use of reasonable force to obtain blood is permitted per State v Mason.
Read the opinion at: http://www.tn.gov/attorneygeneral/op/2010/op/op10-01.pdf
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