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What is the Implied Consent charge ?

In Tennessee ,  drivers have given their implied consent to take a chemical test to determine one's blood lacohol level. Here is how it works. If a police officer has reasonable suspicion that a person was driving under the influence of alcohol , a police officer can request they submit to a blood ot breath test to determine the alcohol or drug content.

What happens if a person refuses a blood or breath alcohol on a first offense DUI ? The police will issue another charge of violation of the implied consent charge. The case will track the DUI charge. If you plead guilty to the DUI charge , the assistant district attorney prosecuting you will normally dismiss the charge. If your case is reduced , the state will insist you plead guilty to the implied consent charge. A conviction of the implied consent charge will result in the loss of your license for one year. However , you are able to apply for a restricted drivers license.

If you fight your DUI charge , the state might insist on hearing the implied consent charge in general sessions court . Tennessee DUI law forces you to have a trial on the implied consent at the general sessions level.

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