§ 42-1-203 — Testing of persons arrested for violating Section 42-1-201

(a) Any person who operates or attempts to operate, or acts or attempts to act, as a crewmember of any aircraft in this state and who is arrested for a violation of § 42-1-201 is considered to have given consent to one (1) or more tests of the crewmember's blood, breath and urine, or combination thereof, for the purpose of determining the alcohol concentration or the presence of a substance that affects the crewmember's faculties in any way contrary to safety. (b) Testing for alcohol concentration or other substances shall be done in the same manner and by the same people as set out in § 55-10-406 , and the defendant shall have the same rights as provided by § 55-10-406 with regard to refusing to take the test. (c) Refusing to take a test pursuant to subsection (a) after having been requested to do so and advised of the consequences of refusal is a Class B misdemeanor with a minimum period of imprisonment of forty-eight (48) hours. (d) A conviction for a violation of § 42-1-201 shall not bar a conviction for refusal to take tests for alcohol or other substances pursuant to this section. A conviction for refusal to take tests for alcohol or other substances pursuant to this section shall not be a bar to a conviction for a violation of § 42-1-201 .

Legislative History

Amended by 2013 Tenn. Acts, ch. 154, Secs.s 46, s 47 eff. 7/1/2013. Acts 1947, ch. 132, § 3; C. Supp. 1950, § 2726.3 (Williams, § 2726.64); T.C.A. (orig. ed.), § 42-114; Acts 1989, ch. 591, § 111; 1994, ch. 797, § 2.