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.
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"An Answered Prayer"You were an answered prayer and restored my faith. The negatives and hardships I went through along the way have made me a stronger and wiser woman.- Laura
-
"Best defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
-
"He Changed My Life"He is the type of attorney who listens to your problem instead of not caring about what is going on just to get your money- Brianna
-
"Amazing service"Rob McKinney is the best criminal attorney in Nashville area. I had 7 cases and he got them dismissed right away! He made the trip to Clarksville from Nashville and saved me from loosing my green card. His experience, his dedication, knowledge and caring heart is unmatched. I am forever grateful!- PF
-
"It's a Comfort to Have You On My Side"
I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
P.S. — I really can't thank you enough.
- R. -
""Best Lawyer In the world will not quit .""Best lawyer have known will not quit will fight all the way!- Marvin Johnson
-
"Rob and his team did a fantastic job on my case... I would definitely use his services again."Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
-
"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.
- Satisfied Client
