Implied Consent Violations
Experienced DUI Attorneys Serving Nashville & Beyond
As a licensed driver in Tennessee, you have implicitly consented to submit to breath testing if you are arrested on suspicion of DUI (driving under the influence), vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide. If you refuse to take the test, you can be charged with an implied consent violation.
May McKinney represents people throughout the state who have been charged with DUI and implied consent violations. If you have been arrested and are facing license suspension, do not wait to involve our firm. We can review your case and legal options with you to see how we can best protect your interests.
Implied Consent 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; or
- 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; or
- 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.
Contact a Nashville Implied Consent Attorney
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.
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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