Tennessee Implied Consent Law
What Is an Implied Consent Violation?
Under TCA 55-10-406 any person who drives a motor vehicle is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person's blood.
A law enforcement officer who requests that the driver of a motor vehicle submit to either or both tests shall advise the driver that refusal to submit to the test will result in the suspension by the court of the driver's operator's license and can be charged with an implied consent violation.
As a licensed driver in Tennessee, you have implicitly consented to submit to breath testing if you are arrested on suspicion of the following:
- DUI (driving under the influence)
- Vehicular assault
- Aggravated vehicular assault
- Vehicular homicide
- Aggravated vehicular homicide
Call (615) 265-6383 or contact us online to discuss your implied consent and DUI case with our Nashville attorneys.
Implied Consent DUI in Tennessee: Breath vs. Blood Tests
Separate procedures apply for administering breath and blood tests in Tennessee. Implied consent only applies to breath tests, and there are stricter standards if an officer is to mandate a blood test.
A breath test may be mandated based on:
- A driver’s “implied consent” to submit to breath testing
- A driver’s express consent to take a breath test
- A valid search warrant
- Incident to a lawful DUI arrest
- If an officer has probable cause that a driver has caused an accident while DUI, is driving under the influence with a minor under the age of 16 in the vehicle, or has committed a second or subsequent DUI offense.
A blood test may not be mandated based on implied consent. A blood test may be ordered based on:
- The driver’s explicit consent, along with a written waiver
- A valid search warrant
- Under exigent circumstances that allow a warrantless search
Additionally, a blood test of an unconscious or incapacitated person is only permitted with a warrant or if an exigency exists.
Blood or Breath Test Refusal for First Offense DUI
The police will issue another charge of violation of the implied consent charge. If you refuse to submit to a breath test after a DUI arrest, your license can be revoked for a period of one year. However, you may still apply for a restricted license that would allow you to drive under limited circumstances, such as going to and from work.
Defense for Implied Consent Violations in TN
An implied consent violation is a civil matter — not a criminal matter. You cannot go to jail for refusing a test. However, if you have also been charged with and convicted of DUI, you can go to jail for that. It is important to work with an attorney who can handle the civil and criminal components of your case. Our Nashville implied consent lawyers can identify options that may help you keep your license and keep you out of jail.
For more information that relates to your case, call (615) 265-6383.
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"Made a Horrible Situation Bearable"
Shyanne immediately knew what to do and handled my case with professionalism and expertise. She made a horrible situation bearable and stayed with me throughout the process.
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"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
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"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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