The Gilbert Firm · Nashville
Issue No. 1 · October 2026 · 8-minute read
Tennessee Caselaw Update · October 2026
The Docket
Tennessee court decisions, translated for real life.
Lead story · DUI
You said no to a blood test. The officer asked again. Is that allowed?
In State v. Fryfogle, the Court of Criminal Appeals said yes: an officer must read the implied consent warning after a refusal, and may ask one more time. Whether the second answer counts depends on how the officer behaved.
Seven new decisions from Tennessee’s appellate courts this month.
This month at a glance
7
decisions worth knowing, from six counties across Tennessee
2
wins for the person on our side of the case: probation reinstated, and an injured pedestrian paid
5
convictions affirmed, each with a lesson about what to do differently
In this issue
Each case, as the question a client would ask
| 01 | DUI | If I refuse a blood test, can police ask again? · Fryfogle | Conviction affirmed |
| 02 | DUI | My DUI was dismissed. Can it come back? · Ross | Conviction affirmed |
| 03 | DUI | Can I get a marijuana DUI if I was driving fine? · Roark | Conviction affirmed |
| 04 | Traffic stops | Can police stop me for not wearing a seatbelt? · Hurst | Conviction affirmed |
| 05 | Traffic stops | Can I challenge an illegal stop at trial? · Watts | Conviction affirmed |
| 06 | Probation | Can missed check-ins send me to prison? · Borel | Probation reinstated |
| 07 | Injury | Partly at fault for a crosswalk accident. Can I recover? · Stamper v. Miller | Injured person wins |
01
DUI
Can police ask again after you refuse a blood test?
Yes. If they read you the warning first.
A motorcyclist stopped for going 55 in a 45 refused a blood draw. The officer read him the implied consent form, which explains the penalties for refusing, then asked again. He agreed; his BAC was .132. The court held the warning was required by law, not pressure, and the consent was voluntary.
What it means for you
A first “no” doesn’t end the conversation. Whether a later “yes” holds up turns on the officer’s tone and conduct, so body-camera video often decides it.
“As a former DUI prosecutor, I know these details can decide whether a blood test result holds up, and they’re the first thing I look at in a client’s case.”
Tim Gilbert, founder
My DUI was dismissed in general sessions. Can it come back?
Yes. The clock paused while the warrant was pending.
The case was dismissed after the officer missed two court dates. The State indicted again about 13 months after the arrest, and the court said that was on time, because the 10-plus months the warrant was pending didn’t count.
Can I get a marijuana DUI if I was driving fine?
Yes. DUI is about impairment, not bad driving.
Stopped for a dead tag light, the driver showed clues on field sobriety tests and had 23 ng/mL of THC. Tennessee has no per se THC limit, but that was enough. His challenges to the experts were lost for not being preserved at trial.
02
Traffic stops
Can police stop me just for not wearing a seatbelt?
Yes. And what you say next matters.
While waiting by the patrol car, the driver told a deputy about a prior manslaughter conviction. A gun then seen through the window became evidence of a crime, and the case ended in a 30-year sentence.
Can I challenge an illegal stop for the first time at trial?
No. It has to be raised before trial.
The deputy admitted at trial he lacked probable cause to order the driver out, but no motion to suppress had been filed, so the issue was waived. And running from the stop created new felony charges.
03
Probation
Can missing check-ins send me to prison on a felony?
Not for a first technical violation.
The State counted sixteen missed meetings, check-ins and screens as sixteen violations. The Court of Criminal Appeals counted one, and reinstated his felony probation. His misdemeanor sentences could still be fully revoked.
04
Personal injury
Hit in a crosswalk and partly at fault. Can I still recover, even from the city?
Yes. $187,500, mostly from the city.
A city truck parked in the crosswalk blocked a driver’s view. The jury put the city at 70% and the pedestrian at 25%. In Tennessee, being less than 50% at fault still lets you recover, reduced by your share.
Quick answers
The questions we hear most, answered by this month’s cases.
Do I have to agree to a blood test after a DUI arrest in Tennessee?
You can refuse, but refusing has its own penalties, including loss of your license. Under State v. Fryfogle (2026), an officer may read you the implied consent warning after a refusal and ask again.
Does Tennessee have a legal THC limit for driving?
No. The State must prove impairment, and State v. Roark (2026) shows that field sobriety tests and a blood result can be enough without any bad driving.
How long does the State have to charge a misdemeanor DUI?
One year from the offense. An arrest warrant starts the prosecution, and under State v. Ross (2026), the time it was pending does not count, even if the case was later dismissed.
What is a technical probation violation?
Generally, a broken probation rule rather than a serious new offense, such as missed check-ins or drug screens. State v. Borel (2026) reiterates that felony probation cannot be fully revoked for technical violations until a fourth revocation.
Can I recover for my injuries if I was partly at fault?
Yes, if you were less than 50% at fault, though your recovery is reduced by your share. In Stamper v. Miller (2026), a pedestrian found 25% at fault still collected 75% of his award.
If one of these sounds like your situation
Talk to someone who has seen these cases from the other side.
Tim is a former prosecutor and former insurance defense attorney. Consultations are free, and you can reach the firm 24/7.
Founder, The Gilbert Firm. Former Florida prosecutor (vehicular homicide unit) and insurance defense attorney. Licensed in TN, MD and FL. About Tim
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This update summarizes court opinions for general information. It is not legal advice, and reading it does not create an attorney-client relationship. Appellate decisions can be reviewed or changed. Every case depends on its own facts. Photos: Unsplash.