Sobriety Test Refusal
Our Nashville DUI Attorneys Can Help
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.
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 to find out how we can help you.
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