Tennessee's Implied Consent Law

If you’re stopped for suspected DUI in Tennessee, you may be asked to take a breath or blood test. Under Tennessee’s implied consent law, every driver automatically agrees to submit to chemical testing when lawfully arrested or to certain consequences for failure to comply.

Refusing a DUI test in Tennessee can lead to serious consequences—even if you’re not convicted of DUI.  However, implied consent violations are not criminal charges. Instead, they are considered civil charges that carry penalties like license suspension and fines, rather than jail time. A DUI conviction, on the other hand, carries mandatory jail time.

What Is Tennessee’s Implied Consent Law?

Tennessee’s implied consent law dictates that any driver in the state is presumed to have consented to chemical testing (breath, blood, or urine) if they are arrested for DUI or involved in certain accidents. This “implied” consent applies to all drivers who operate vehicles on Tennessee roads, and refusal to take the test can result in severe consequences.

When Does the Law Apply?

The implied consent law comes into play in several key situations:

• DUI arrest: If you’re arrested for DUI, officers are permitted to request a chemical test to determine alcohol or drug content.
• Accidents with injury or death: If you’re involved in a serious crash that leads to injury or death, implied consent applies, and you may be required to undergo chemical testing.
• Reasonable belief of DUI: Officers can request chemical tests if they have a reasonable belief that you’re under the influence of alcohol or drugs.

Types of Tests Covered

Law enforcement may request:

• Breath tests: Most commonly used to test for alcohol concentration.
• Blood tests: Typically requested in cases of serious injury or suspicion of drug use.

What Happens If You Refuse a DUI Test in Tennessee?

Refusing to take a chemical test (even without a DUI conviction!) can result in these penalties:

• License suspension: A refusal can lead to a 1-year license suspension for a first offense. The suspension may increase to 2 years for second offenses, and up to 5 years for third or subsequent refusals.
• Administrative penalties: You may face administrative fines and additional requirements to reinstate your license.

Defenses to Implied Consent Charge

If you’ve been charged with refusing a chemical test, a defense attorney can explore several avenues to challenge the charges:

• Lack of probable cause: If the officer did not have probable cause to arrest you for DUI, the implied consent violation may be invalid.
• Improper advisement: If the officer failed to properly inform you of the consequences of refusing the test, this may be grounds to challenge the suspension.

How a Nashville DUI Lawyer Can Help

An experienced Nashville DUI attorney can challenge the legality of your arrest and test refusal, help you navigate the implied consent violation and license suspension process, and defend you against DUI charges and work to reduce or eliminate penalties.

What to Do if You’ve Been Charged

If you’ve been charged with an implied consent violation and DUI, you should contact an experienced Nashville DUI defense attorney as soon as possible. Implied consent penalties can be severe and impact your ability to drive and your personal freedom.  If you’ve been charged with an implied consent violation or DUI in Nashville, contact criminal defense attorney Carla Grebert today for a consultation.