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.
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"Stop searching for an attorney. Stop worrying about your legal woes. Stop wondering if your attorney actually cares and start letting Rob McKinney handle your case."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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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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""Do yourself a favor, make Rob your flavor.""I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.- Eric A
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