Implied Consent Law

Highly Skilled Tennessee Implied Consent Lawyer With the Skills to Provide A Successful Tennessee DUI Defense Located in in Knoxville.

Tennessee, like the majority of states, enforces what's known as an implied consent law. This particular law deems that anyone who operates an automobile in the state of Tennessee has given consent to a blood or breath test to determine the alcoholic or drug content of their blood. The test is given at the discretion of a police officer, and they must have probable cause to believe the individual had been driving while under the influence of alcohol or drugs. In spite of the "reasonable grounds" terminology, a higher court in Tennessee has ruled that in order for the punishment of refusal to apply, the police officer must determine probable cause to believe a driver has consumed alcohol, and have a blood alcohol content greater than .08%.

Before the test, there has to be a perception that the motorist had been under the influence. Refusal to undergo the test will result in suspension of the driver's license, and the motorist has to be advised of this before the test. For a first driving under the influence offense in Tennessee, the individuals driver's license is usually suspended for one year.

Drunk Driving Defense Attorney in Knoxville Who Can Help

Violation of the Tennessee implied consent law is not a criminal offense but instead a civil forfeiture. The only penalty is that the individual’s driver’s license will be suspended for one year (or longer, depending on circumstances or prior convictions). There isn't any jail time or fine. A driver has the right to refuse to submit to the blood or breath test, but the right is not absolute. Whether or not the driver is acquitted of "drunk driving," and the charge is dismissed or reduced, they may still be found in violation of implied consent law and can have their driver's license suspended. Even so, the driver may apply for a restricted driver's license.

Choose a Knoxville DUI Lawyer Who Will Fight for Your Rights and Protect Your Future.

As in all driving related criminal cases, the best results are obtained when you call a Tennessee lawyer who is dedicated to handling Tennessee DUI, Tennessee Vehicular Assault and other driving cases as soon as possible. Call (865) 540-8300 to arrange you free consultation with the Garza Law Firm today.