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Tennessee Implied Consent Law
If you have been arrested for DUI in Tennessee, refusing a breath or blood test can result in the loss of your driver’s license. Tennessee’s implied consent law establishes requirements for chemical testing and consequences for refusing a requested test.
An implied consent violation is separate from the underlying DUI charge. Killen Law can review the circumstances surrounding the testing request and alleged refusal and explain how they may affect your driver’s license and DUI case.
Get in touch with Michael at (615) 549-8117 to discuss your charges today!
What Is an Implied Consent Violation?
Tennessee’s implied consent law provides that a driver is deemed to have consented to breath or blood testing under certain circumstances. When a law enforcement officer requests a chemical test after a DUI arrest, the officer must advise the driver of the consequences of refusing the test.
If a driver refuses the requested test after receiving the required advisement, the refusal may result in an implied consent violation and the suspension or revocation of the driver’s license. The implied consent matter is separate from the underlying DUI charge and can have its own consequences.
Breath and Blood Tests Under Tennessee's Implied Consent Law
Tennessee law allows breath and blood testing in a DUI investigation under several circumstances. A breath test may be administered based on a driver’s implied or express consent, a search warrant, a lawful DUI arrest, or circumstances in which Tennessee law requires testing. In certain cases involving a serious collision, a child passenger, or a prior qualifying offense, testing may also be required when the statutory conditions are met.
Blood testing may also be performed with a driver’s implied or express consent, pursuant to a search warrant, or when exigent circumstances permit a warrantless blood draw. Tennessee law also provides for required blood testing in certain circumstances, with additional requirements governing when a warrant or an exception to the warrant requirement applies.
The legal authority for a breath or blood test can matter when an alleged implied consent violation is being evaluated. Killen Law can also review issues involving DUI breath tests and DUI blood tests and the procedures used to obtain and analyze those tests.
Blood or Breath Test Refusal in Tennessee
Refusing a requested breath or blood test can result in a driver’s license revocation under Tennessee’s implied consent law. For a person without a qualifying prior conviction, the standard revocation period is one year, although Tennessee law provides for longer periods in certain circumstances.
A refusal does not prevent the State from pursuing a DUI charge. Other evidence from the investigation, including officer observations, video, and field sobriety testing, may still be used in the case.
Implied Consent Violations Defense in Tennessee
An implied consent violation is a civil matter rather than a criminal offense by itself. However, you may also face a separate DUI charge, which can carry criminal penalties.
Michael Killen can review the circumstances surrounding the testing request and alleged refusal, including whether the required procedures and advisement were followed. Killen Law represents individuals facing DUI charges and related license issues in Nashville and throughout Middle Tennessee.
For more information specific to your case, call (615) 549-8117