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How can I use implied consent laws to benefit me?

One of the most complicated aspects of Tennessee's DUI laws are the implied consent laws. Anyone who is investigated for suspicion of driving under the influence will come face to face with the question of whether to submit to certain chemical tests. 

Should you give a breath and or blood test if prompted by a police officer during a traffic stop? Rather than say "yes" or "no" to that question, we will explain some of the complexities of implied consent. Then, hopefully you will have a better idea of what is in your best interests.

What happens if you refuse to take breath or blood test?

Test refusal will lead to potential consequences. If you refuse the test/s, implied consent law says that your driver's license will be temporarily suspended. However, the suspension is not a given. You might have the option to appeal the suspension and get your driving privileges back. A DUI lawyer is an important source of support in that quest. 

When you are not asked, rather required

There is little use in fighting the testing if you have any of the past offenses on-record: DUI, vehicular homicide or aggravated vehicular homicide. Tennessee law mandates blood testing in the cases wherein a driver is lawfully pulled over and has those convictions in his or her past. Also, if a suspected DUI has led to another person's injury or there is a child under 16 in the vehicle, officials are legally allowed to take the tests without a suspect's consent.

If your situation fits into the above kinds of cases, then refusing tests could amplify a criminal case against you. It can be best to consent to the tests but to get a trusted defense attorney on your side as soon as possible to help guide you on your next best moves.

Our next post will give more information about the state's implied consent laws. If you have any questions about your rights and concerns that your rights might have been violated during a DUI investigation, reach out to a defense attorney for assistance.

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