§ 55-10-408 — Tests for alcohol or drug content of blood - Procurement and processing of samples - Results - Additional testing

(a) The procurement of a sample of a person's blood for the purpose of conducting a test to determine the alcohol content, drug content, or both, of the blood shall be considered valid if the sample was collected by a person qualified to do so, as listed in § 55-10-406(e)(2) , or a person acting at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health. If the sample of a person's blood was procured pursuant to § 55-10-406 , then the limited testing of the blood sample for the alcohol content, drug content, or both shall be considered a reasonable search for all evidentiary purposes and shall be allowed into evidence without further need of a search warrant or court order. (b) (1) Upon receipt of a specimen forwarded to the director's office or an accredited crime laboratory for analysis, and the "toxicology request for examination" form, which shall indicate whether or not a breath alcohol test has been administered and the results of that test, the director of the Tennessee bureau of investigation or the director of an accredited crime laboratory shall have the specimen examined for alcohol concentration, the presence of narcotics or other drugs, or for both alcohol and drugs, if requested by the arresting officer, county medical examiner, or any district attorney general. The office of the director of the Tennessee bureau of investigation or the director of an accredited crime laboratory shall execute a certificate or report that indicates the name of the accused, the date, the time, and by whom the specimen was received and examined, and a statement of the alcohol concentration or presence of drugs in the specimen. (2) As used in this section, "accredited crime laboratory" shall be limited to those crime laboratories that: (A) Are owned and operated by this state or a political subdivision of this state; (B) Are accredited under ISO/IEC/17025, with associated supplemental requirements; and (C) Provide testing within the scope of the accreditation sufficient to meet the requirements as forensic service providers. (c) When a specimen taken in accordance with this section is forwarded for testing to the office of the director of the Tennessee bureau of investigation, a report of the results of this test shall be made and filed in that office, and a copy mailed to the district attorney general for the district where the case arose. (d) The certificate provided for in this section shall, when duly attested by the director of the Tennessee bureau of investigation or the director's duly appointed representative, be admissible in any court, in any criminal proceeding, as evidence of the facts therein stated, and of the results of the test, if the person taking or causing to be taken the specimen and the person performing the test of the specimen shall be available, if subpoenaed as witnesses, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause. (e) The person tested shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of that person's own choosing and at that person's own expense; provided, that the medical laboratory is licensed pursuant to title 68, chapter 29.

Legislative History

Amended by 2024 Tenn. Acts, ch. 892,s 5, eff. 5/1/2024. Amended by 2019 Tenn. Acts, ch. 187, s 11, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 961, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 304, s 4, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 154, s 8, eff. 7/1/2013. Acts 1969, ch. 292, § 4; 1970, ch. 427, § 5; T.C.A., § 59-1047; Acts 1994, ch. 946, § 1; 1995, ch. 517, § 1; 1996, ch. 915, §§ 2, 3; 2002, ch. 855, § 9.