
DUI Refusal Attorney Nashville, TN
Defense for Sobriety Test Refusal in Tennessee
If you were arrested recently on suspicion of drunk driving, the police officer may have requested that you submit to a field sobriety test, blood test, breath test, or urine test. Many people in Tennessee have heard misconceptions about refusing sobriety tests. Some people think that refusing tests is an effective way to protect their driver's license.
Field sobriety tests are notoriously unreliable and are not subject to license suspension under implied consent laws. Refusing roadside field sobriety tests may, however, make an officer more interested in taking you into custody. Once you are arrested, you may be asked to take a breath, blood, or urine test to determine whether alcohol and/or drugs are present in your system. Refusing at this point may result in driver’s license suspension under Tennessee’s implied consent laws.
When it comes to sobriety test refusals, no one is more qualified to protect your interests than a seasoned DUI defense attorney. Our team at May McKinney is dedicated to defending individuals facing drunk driving and other criminal charges in Nashville and across Tennessee. Our attorneys have over 80 years of combined legal experience and take a dynamic, holistic approach to every case we take one, utilizing a hands-on, detail-oriented method that helps us protect clients from the severe consequences of a conviction.
Contact our Nashville offices today at (615) 265-6383. We also serve clients in Mount Juliet, Franklin, Brentwood, and the surrounding areas.
Penalties for Refusing Breath, Blood & Urine Tests
Once you are arrested for DUI, the police officer should tell you that your driver's license will be suspended if you refuse to submit to a breath test. In addition, if you were driving with a suspended license because you caused an accident in which someone else was seriously injured or killed, a sobriety test refusal carries even more substantial penalties.
Refusal of a breath test is a Class A misdemeanor in Tennessee, but it is not penalized as a criminal offense. It is instead penalized by license suspension:
- For a first refusal, a driver may face a 1-year suspension of his or her license.
- For a second or subsequent refusal within 10 years, a driver may face a 2-year suspension of his or her license.
Contact Our Nashville Breath Test Refusal Lawyers
Have you been accused of refusing a breath test or blood test? When you work with May McKinney, we will address this along with any criminal DUI charges in order to fully protect your interests.
Contact our experienced attorneys at (615) 265-6383 to find out how we can help you.


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Read Our Client Testimonials
At May & McKinney, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I appreciate absolutely everything that you and your team have done for me. I could not have made a better decision than to have your representation during this horrific time in my life. Along the way, I feel like I was educated about the process and felt at ease with every step. The due diligence that was done on your behalf was top tier and goes without saying, simply awesome! The only regret I have is not coming to your first. You have my full support of referrals to anyone I hear that needs a great defense team in their corner, because I sure did! Again, Thank you!
- Anonymous -
The case came during my senior year of college. It was the scariest moment of my entire life. I felt my career was over before it even started. I chose McKinney Law Firm because they are the Best of the Best. To have a prepared and knowledgeable defense, in a room where you feel guilty until proven innocent, is invaluable. Roger T. May's no non-sense approach was deliberate and strategic. The results of the case were better than I could have ever imagined. After the case was over, I went on to land a lucrative job, travel the world, and have had a very successful career. I truly believe McKinney Law Firm gave me a second chance at life. I am forever grateful for the team's care, urgency, persistence, and professionalism during a very difficult time. "Because I knew you, I have been changed for good." Thank you.- -Satisfied Client
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Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.- A.W.
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We owe you so much for helping us and our son. We appreciate your legal expertise and support you gave our son this April.- Melissa & Alan
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In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.- D.T.
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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
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As a LEO wife, I was served with a frivolous OP from an estranged step family member. With the possibility of my husband not being able to process any firearms in our household, Mr McKinney's understanding the severity of the situation, Rob took the time to investigate and prepare for the hearing. With that said, Rob absolutely destroyed the petitioner and witnesses on the stand. It was worth the time, money and stress to see Rob in action. If the need ever arises in the future, Rob will always be our first call. You cannot go wrong putting your trust in Mr. McKinney.- Tara
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ou are more to us than just a lawyer.- J.B.
