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Tennessee tight end refuses sobriety tests during DUI investigation

When an accident happens or when a driver is pulled over in a traffic stop, reasonable thinking can sometimes go out of the car window. Nerves kick in. Fear grabs a hold of a driver. Nerves and fear can make a driver vulnerable to the investigation tactics of police.

Recently Brandon Barden, the Tennessee Titans' tight end, was the target of what became a drunk driving investigation. He was driving when he got into a car accident. He had multiple passengers in his vehicle, though no one was seriously injured. Still, the crash has led to another serious outcome: a DUI arrest for the Tennessee player.

Whether the DUI arrest will lead to a criminal drunk driving conviction is yet to be seen. Barden refused to submit to sobriety tests at the time of his traffic stop. That decision and other points of suspicion for authorities resulted in a DUI arrest for the football player. Even though test refusal can lead to an arrest, it can sometimes save a suspect from a DUI conviction.

Though the young athlete's arrest occurred in Georgia, the incident still opens up a door for some DWI education for Tennessee drivers. In Tennessee, refusing to go through with a breath test may save a drunk driving suspect from a criminal charge and conviction, but there is a civil penalty for that refusal. The implied consent law (a law all drivers are subjected to once they get licensed to drive) means that a driver will likely lose his license if he refuses to take a breath or blood test during a DUI investigation.

Our Tennessee DUI defense lawyers have experience helping clients whose driving privileges might be impacted by implied consent laws. We can handle matters involving driver's license suspension and revocation.

Source: The Leaf Chronicle, "Titans' Brandon Barden arrested for DUI," Jim Wyatt, Feb. 28, 2013

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