What you should know about Tennessee Implied Consent laws

By obtaining a Tennessee drivers license you automatically give your consent that you would abide by the Tennessee implied consent law, which means you agreed to conform to the requests of any law enforcement officer should they request a breath, urine, or blood specimen. If you should decline to do so, your license will be subject to suspension. For a refusal you are looking at anywhere from 180 days up to a two (2) year drivers license suspension, for refusing the breath test. Most people who got their drivers license had no idea they were signing this consent.

DUI means driving while intoxicated. Should you ever be pulled over by a police officer and he or she assumes that you are driving while impaired, you will be arrested and charged with DUI.  At this point you will be required to submit to an Intoxilizer test or some other form of chemical test, to measure the amount of alcohol in your blood stream. So what do you decide? Do you submit or do you say no? If the machine shows a reading above 0.08%, which is over the legal limit, you are in trouble and will be arrested and charged with DUI. But on the other hand, should you choose to refuse the test, then you are in violation of Tennessee implied consent law, and that means loss of your Tennessee drivers license.

Criminal charges for DUI, or DWI, can lead to harsh consequences in the event you are convicted you could be facing the following:

  • Criminal charges
  • Having an interlock device in your car.
  • A suspension of anywhere from180 days up to two years
  • Jail time and large fines
  • Rehabilitation and being ordered into treatment
  • Community service and probation

What are your rights and how do you protect them under the Tennessee implied consent law?

In most motor vehicle accidents in Houston and Harris County, Tennessee, you will be required to undergo a blood test if the police officer suspects you were driving under the influence. If you have been involved in an accident which resulted in death or serious bodily injury and an officer believes that you were driving while impaired, and requests that you submit to a blood, breath or urine test and you refuse - your license will be subject to suspension. However, in such a situation, there is no need to panic. A skilled DUI attorney who is experienced in defending Tennessee drunk driving cases and well versed in the laws of implied consent can help you.


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