Persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a chemical test (typically blood or breath test) to determine the person’s blood alcohol content. The officer, not the driver, chooses which test to administer. After submitting to the chemical test of the officer’s choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test.  A motorist does not have a right to speak with a DUI lawyer in Tennessee before choosing whether or not to submit to a chemical test.

The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or oral fluid) to determine the drug or alcohol content of the person’s blood. Such test may be requested if a law enforcement officer has probable cause to believe that the person is driving under the influence. In certain instances, a motorist can be forced to submit to the chemical test.  When the test is not mandatory, a motorist does have a right to refuse to submit to a chemical test; however, such refusal normally results in the revocation of the person’s driver’s license. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case, resulting in loss of license.

Implied Consent Violation Penalties

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. This summary is intended to be general in nature; therefore, this information should not be relied upon without individual consultation with a well-qualified Tennessee DUI lawyer.

Categories of Penalties for Refusing a Chemical Test (blood test or breath test):

• No Prior Conviction(s) of the Offenses Enumerated Below (refusal of breath test or oral fluid test)
• No Prior Conviction(s) of the Offenses Enumerated Below (refusal of blood test)
• Prior Conviction(s) for One of the Following: Driving Under the Influence (DUI), Adult Driving While Impaired (DWI), Vehicular Homicide by Intoxication, Aggravated Vehicular Assault, Vehicular Assault by Intoxication
• Involved in an Accident in which One or More Persons Suffered Serious Bodily Injury
• Involved in an Accident in which One or More Persons are Killed

No Prior Conviction(s) – Refusal of Breath Test or Oral Fluid Test

Prior Conviction(s) of One of the Following: Driving Under the Influence (DUI), Vehicular Homicide by Intoxication; Aggravated Vehicular Assault; Vehicular Assault by Intoxication

Involved in an Accident in which One or More Persons Suffered Serious Bodily Injury

Involved in an Accident in which One or More Persons are Killed