DUI

Tennessee’s Implied Consent Law: What You Need to Know

Tennessee’s implied consent law requires drivers lawfully arrested for DUI (Driving Under the Influence) to submit to a chemical test to determine their blood alcohol concentration (BAC) or the presence of drugs. This test may include a breath test, blood test, or urine test. By operating a vehicle in Tennessee, drivers automatically give implied consent to such testing.

Refusing a Chemical Test

Refusing a DUI chemical test carries serious penalties, even if the driver is not ultimately convicted of DUI. A first-time implied consent violation results in an automatic driver’s license suspension for one year. A second refusal leads to a two-year suspension. If the refusal occurs in a case involving an injury accident, the suspension extends to two years, and if the accident results in a fatality, the suspension is five years.

Implied Consent and DUI Consequences

Violating the implied consent law does not result in jail time, but it can significantly impact a DUI case. A refusal may be used as evidence of guilt in court, potentially leading to harsher DUI penalties, including increased fines and longer suspensions.

Defending Against an Implied Consent Violation

There are defenses to an implied consent violation, such as proving the traffic stop was unlawful or that law enforcement failed to follow proper testing procedures. Ooten Law aggressively defends clients against DUI and implied consent charges, working to protect driving privileges and minimize legal consequences.

If you’re facing implied consent law penalties in Tennessee, contact Ooten Law for skilled DUI defense and strategic legal representation.

Non-Standardized Field Sobriety Tests in Tennessee

When a driver is suspected of DUI (Driving Under the Influence) in Tennessee, law enforcement officers may administer field sobriety tests (FSTs) to assess impairment. While the Standardized Field Sobriety Tests (SFSTs) approved by the National Highway Traffic Safety Administration (NHTSA) include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, officers sometimes use non-standardized field sobriety tests to further evaluate a driver’s coordination, balance, and cognitive function.

Common Non-Standardized Field Sobriety Tests

1. Finger-to-Nose Test – The driver is asked to close their eyes, tilt their head back, and touch their finger to their nose. Officers observe for loss of balance, tremors, or inaccurate movements, which may indicate impairment.
2. Alphabet Test – The driver must recite the alphabet without singing, skipping letters, or losing focus. This test evaluates concentration, memory, and cognitive impairment due to alcohol or drugs.
3. Counting Backward Test – The driver is instructed to count backward from a specified number, testing attention, focus, and mental clarity.
4. Romberg Balance Test – The driver stands with feet together, closes their eyes, tilts their head back, and estimates 30 seconds. Officers look for swaying, loss of balance, or time distortion, all of which may suggest impairment.
5. Hand Pat Test – The driver repeatedly pats one hand on top of the other while alternating palm and backhand in rhythm. Officers assess coordination and motor control.

Challenging Non-Standardized Tests in DUI Defense

Unlike NHTSA-approved sobriety tests, these non-standardized field sobriety tests lack scientific validation and are more subjective in nature. Ooten Law challenges the reliability of these tests, arguing that nervousness, medical conditions, or poor instructions may lead to false signs of impairment.

If you have been arrested for DUI in Tennessee, Ooten Law provides aggressive DUI defense, fighting improper field sobriety test results and protecting your rights.