A new Tennessee law taking effect January 1, 2026 gives police more authority to fight drunk and impaired driving. Under the changes, officers can use reasonable force to collect a blood sample from someone suspected of driving under the influence. The law also adds saliva testing as a roadside option to check for impairment.
The saliva test uses an oral swab during a traffic stop. If the results suggest impairment, that evidence can be used to get a warrant for a blood draw. Defense attorneys say the new language in the law makes it clear officers can hold someone down to take blood when necessary.
Even if a driver refuses any of the tests, they can still be charged under Tennessee’s implied consent law, which treats refusal as a separate violation. That means refusing a requested chemical test can lead to an automatic license suspension.
The penalties for refusing testing have increased. For a first implied-consent violation, the minimum license revocation has gone up from one year to 18 months. Repeat offenders also face longer revocation periods: a third vehicular assault conviction now means a six-year license suspension, and a fourth or later conviction brings an eight-year suspension.
Supporters of the law, including family members of people killed by impaired drivers, say these changes could save lives. Critics argue that tougher penalties and enforcement won’t fully address the wider issues of drunk and drugged driving without stronger criminal consequences.