If an Individual drives a vehicle within the state of Tennessee, and holds a valid Tennessee drivers license the law requires that the individual automatically consent to a chemical test of blood, breath or urine should they be stopped and investigated for driving under the influence. If a law enforcement officer stops you because they have reason to believe that you are driving under the influence, you then agree to take a chemical test of blood, breath or urine which the officer gets to choose which type of test is to be administered. This particular law is referred to as implied consent, and when an individual rejects a chemical test, there will be repercussions.
If an individual refuses the required Tennessee driving under the influence test, and if it’s the first offense, it is a twelve months suspension of one’s driver’s license. Should the refusal originate following a vehicle accident that caused injury to another person, an individual’s driver’s license will be revoked 2 years. In the event the vehicle accident was the cause of death, the individual’s driver’s license is going to be revoked for 5 years. 2nd and 3rd DUI offenses alone will lead to a 24-month drivers license suspension.
A police officer has to advise an individual their rights and the implications of declining a chemical test. An individual is entitled to be able to ask for a hearing to order to challenge their drivers license revocation, If they can show that the police officer failed to inform them of the implications of declining the chemical test, the court is likely to restore the individual’s drivers license, even though an Individual get’s convicted of a driving under the influence and can not persuade the court to completely reinstate the individual’s drivers license, you could still request drive an automobile by having a restricted permit that allows you to drive work and school .
If an individual declines the chemical test it doesn’t mean that they won’t end up being found guilty of a DUI. Even though not accepting the test will deny the prosecution of proof that a person’s blood alcohol content was in fact over the lawful limit of .08%. The prosecution can and will argue that the person rejected the test because they realized that the individual was under the influence and presently guilty of driving under the influence.
Tennessee law doesn’t permit an individual under suspension of DUI the opportunity to consult with a DUI lawyer prior to choosing if they should submit to a chemical test, however, an individual has the right to request an independent test of their own choosing following the preliminary test.
It is very important that an individual that has been arrested and charged with DUI in Knoxville Tennessee consult with a skilled DUI attorney immediately. Even if an individual is not found guilty of a DUI, they can still end up being punished if they decline the lawfully required chemical test. The Knoxville DUI attorneys at The Garza Law Firm, PLLC can and will offer knowledgeable legal counsel and will work hard to protect your rights and future.