Implications for Refusing a Blood or Breath Test
Do you understand Tennessee’s implied consent law? This law deems anyone who operates a motor vehicle in Tennessee has implicitly consented to a chemical test to determine his or her blood alcohol content (BAC). If you have been pulled over on suspicion of DUI (DWI, drunk driving) and have refused to submit to a breath or blood test, you can be found to be in violation of Tennessee’s implied consent law.
Even if you are acquitted of the DUI charge, you can still be found in violation of the implied consent law — it is a civil offense, not a criminal offense. At Summers, Rufolo & Rodgers, our defense attorneys can help you understand your rights in regard to Tennessee’s implied consent law. We are experienced in handling all aspects of DUI charges, including criminal proceedings and administrative driver’s license matters.
Protecting You and Your License Against Criminal Charges
Police officers must have reasonable grounds to pull you over. Furthermore, they must have probable cause to believe you have been consuming alcohol or drugs, and that a chemical test will provide evidence of such activities. When police overreach, your rights have been violated.
Violating the implied consent law in Tennessee is a civil offense, not a criminal offense. The penalty for violating the implied consent law is loss of your driver’s license for one year. The suspension may be longer for drivers with prior DUI convictions.
If you lose your license due to an implied consent violation, you may apply for a restricted license that allows you to drive to work or under other defined circumstances.
It is important to remember the DUI charge and implied consent violation are two different matters. Even if you are acquitted of DUI, you may still be found to be in violation of the implied consent law. For this reason, it is important to consult with a defense lawyer who is experienced in all aspects of drunk driving and implied consent laws.
Contact an Experienced Defense Lawyer in Chattanooga
If you have been charged with a DUI or implied consent violation in Tennessee, our defense lawyers are here to stand up for your rights. Contact us today by telephone at 423-933-2738 to arrange a consultation with an experienced defense lawyer. Or, if you prefer, complete our online form.