2 Hour law

[JDCOP]

Anybody else hate that 2 hour limit for the BAC test? I almost didn't make it the other night. Time stamp on the results were like 15 minutes away from two hours.

[firemanjb]

Anybody else hate that 2 hour limit for the BAC test? I almost didn't make it the other night. Time stamp on the results were like 15 minutes away from two hours.

In KY, we have a 2-hour time limit as well. We also have a mandatory time for contacting an attorney (at least 10 minutes, but no more than 15 minutes). There is also a 20-minute observation period prior to the breath test and this has to be done at the testing site (the ride to the jail doesn't count).

Since we have instruments in our county, it's not a big deal for us. For rural officers, it can be a nightmare.

[TN Cop]

Anybody else hate that 2 hour limit for the BAC test?

Without a doubt! Definately an act of congress on a Fri. or Sat. night at the ER. It's just another way the defense liars....I mean... defense lawyers can help set a guilty man free. Then again, maybe it's to keep all of us on our toes. Either way, if some one is tanked, then their tanked....they should be convicted 2hrs. or not.

[Drunkcop]

Anybody else hate that 2 hour limit for the BAC test? I almost didn't make it the other night. Time stamp on the results were like 15 minutes away from two hours.

I kind of like it...one more thing the defense liars can't use.

[SgtScott31]

Do you guys have the TCA code for it? I can't find it on Michie.

[JDCOP]

55-10-406, Thats the one

[Drunkcop]

I'm a little less excited about the demise of on the scene urine tests here. Apparently the TBI isn't analyzing them any more...if we suspect drugs instead of alcohol we now have to haul them down to The Med...which does stretch the 2 hour limit.

The argument I heard was that the urine test is not a proper indictaor because it stays positive for so long...I asked if we could use that for probable cause to go downtown for a blood test, but the department said no.

It would seem logical to do an on-scene urine test just to make sure there is something in the subject's system before you do the formal blood test.

[SgtScott31]

Never heard of doing any urine analysis for BAC in Middle TN. We do either breath or blood. Technically by state law I could draw the blood since I'm a licensed EMT-IV, but I don't want that to come back and bite me for a "conflict of interest" situation. Quick trip to the hospital and we get it done. They already have the TBI kit at the ER and the nurses at General (MeHarry) are used to it.

[SgtScott31]

55-10-406, Thats the one

Thanks, didn't realize it was listed under the implied consent statute.

[Drunkcop]

Never heard of doing any urine analysis for BAC in Middle TN. We do either breath or blood. Technically by state law I could draw the blood since I'm a licensed EMT-IV, but I don't want that to come back and bite me for a "conflict of interest" situation. Quick trip to the hospital and we get it done. They already have the TBI kit at the ER and the nurses at General (MeHarry) are used to it.

No, I meant for drugs. I would think we could use the test kit before we take them all the way (potentially) across the county for blood. If it turns out they're just goofy and not on drugs, we can save the taxpayers some money and ourselves a lot of time.

[SgtScott31]

No, I meant for drugs. I would think we could use the test kit before we take them all the way (potentially) across the county for blood. If it turns out they're just goofy and not on drugs, we can save the taxpayers some money and ourselves a lot of time.

Oops, that's a little different. Luckily if we detect drugs we have the luxury of a 10 min trip to the hospital. Basically if we want a blood draw, the arrestee is taken to MeHarry and the nurses do everything. Once the TBI kit is sealed, we fill out the request and then place it in our evidence locker. It's then transported directly to the crime lab for analysis. They have hired some more forensic folks lately so the tests are coming back a little faster than 6 mos...I'm pretty sure that if there is enough alcohol in the driver's system to go beyond .08%, the lab folks do not process the blood any further for drug analysis. This only applies to DUI's. I guess there's really no point if they are already over the presumptive limit of .08%, although it wouldn't hurt to see some drugs on top of the alcohol.

[IMPDNE]

In KY, we have a 2-hour time limit as well. We also have a mandatory time for contacting an attorney (at least 10 minutes, but no more than 15 minutes). There is also a 20-minute observation period prior to the breath test and this has to be done at the testing site (the ride to the jail doesn't count).

Since we have instruments in our county, it's not a big deal for us. For rural officers, it can be a nightmare.

In Indiana we have a 3-hour limit from the time the person is first observed until the test. We don't have to contact an attorney since the breath test isn't constitutionally protected in Indiana, and we can use the ride to the breath test site as part of the 20 minute observation period.

[Drunkcop]

and we can use the ride to the breath test site as part of the 20 minute observation period.

THAT would be cool. We have to eyeball 'em for the entire 20 minutes, Hard to do that and drive at the same time.