Refused a Breath or Blood Test? | Attorney in Knoxville, TN

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 driverâ€™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.