The short answer: Yes. In State v. Fryfogle (October 2026), the Tennessee Court of Criminal Appeals held that an officer who hears “no” to a blood test must still read you the implied consent warning, and may ask again after reading it. If you then agree, the test result can be used against you, as long as your consent was voluntary.
| Case | State v. Fryfogle |
| Court | Tennessee Court of Criminal Appeals |
| County | Maury |
| Decided | October 15, 2026 |
| Docket no. | M2025-01616-CCA-R3-CD |
| Result | Conviction affirmed; blood test result admitted |
| Opinion | Read the opinion (PDF) |
What happened
A Columbia police officer stopped a motorcyclist in the early morning for going 55 in a 45, after seeing him swerve within his lane. The officer noticed slurred speech and the smell of alcohol. The rider failed two field sobriety tests and admitted drinking three Twisted Teas.
When the officer asked for a blood sample, the rider said, “I do not consent to any sort of blood draw.” The officer arrested him, handcuffed him, and put him in the patrol car. He then told the rider that since he had refused, he would read him the implied consent form, and if he still wanted to refuse, they would go that route.
The officer read the form, which explains the penalties for refusing, and let the rider read it himself. Then he asked again. The rider said, “Guess I will go ahead with a blood draw.” His blood alcohol level came back at .132.
What the court decided
The defense argued that the first “no” should have ended the conversation, and that asking again overbore the rider’s will. The court rejected both arguments.
- The officer had to read the warning. Tennessee law requires an officer to explain, before any test, that refusing will lead to a license suspension and may lead to an ignition interlock requirement (T.C.A. § 55-10-406(d)(2)). The rider hadn’t heard those consequences when he first refused, so reading the form afterward was required, not pressure.
- Voluntariness is a constitutional question. Whether consent is valid depends on the whole picture, under State v. Cox, 171 S.W.3d 174 (Tenn. 2005). Courts look at the time and place, whether it happened in public, how many officers were involved, how hostile the encounter was, and the person’s age, intelligence, and experience.
- Here, the consent was voluntary. The officer was calm and friendly, never raised his voice, and didn’t push either way. The stop was on a public highway, and only one officer dealt with the rider. The rider appeared to be a man of normal intelligence who wasn’t nervous or intimidated.
Tim’s take
In Fryfogle, the court found the driver’s consent to a blood test was voluntary, but how it got there matters more than the result. Courts look at the whole picture, including how many officers were present, their tone, and whether the request happened in public or private. 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.
What this means if you’re arrested for DUI in Tennessee
- Saying no once doesn’t end the conversation. Expect the officer to read the implied consent warning and ask again.
- Refusing has its own penalties. A refusal can cost you your license, separate from the DUI charge.
- The video often decides the challenge. Whether a later “yes” was voluntary can turn on the officer’s tone and conduct, which body-camera footage usually shows.
- Talk to a lawyer before assuming the result is final. Every consent challenge depends on its own facts.
Arrested for DUI in Tennessee? Call (615) 652-0321 for a free consultation.
Frequently asked questions
Can police make me take a blood test in Tennessee?
You can refuse, but refusing carries penalties, including a license suspension. Officers can also seek a search warrant for your blood.
If I refuse and then agree, can the result be used against me?
Yes, if your consent was voluntary. In Fryfogle, the court allowed the result because the officer only explained the consequences and didn’t pressure the driver.
What makes consent to a blood test involuntary?
Courts weigh all the circumstances, including threats, hostility, the number of officers, whether you were isolated, and your ability to understand what you were agreeing to.
Related reading
This post summarizes a court opinion for general information. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts.
