© 2020 Bartlett Law

FOLLOW US:

  • w-facebook
  • Twitter Clean

Implied Consent:

Implied Consent Violation:

 

Persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test to determine the person's blood alcohol content. The officer, not the driver, chooses which of the 3 tests to administer. After submitting to the chemical test of the officer's choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test.  A motorist does not have a right to speak with a DUI lawyer in Tennessee before choosing whether or not to submit to a chemical test.

 

The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of the person's blood. Such test may be requested if a law enforcement officer has reasonable grounds to believe that the person is driving under the influence. In certain instances, a motorist can be forced to submit to the chemical test.  When the test is not mandatory, a motorist does have a right to refuse to submit to a chemical test; however, such refusal normally results in the revocation of the person's driver's license.It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time.

 

Implied Consent Violation Penalties:

 

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. This summary is intended to be general in nature; therefore, this information should not be relied upon without individual consultation with a well qualified Tennessee DUI lawyer.

 

Categories of Penalties for Refusing a Chemical Test (blood test, breath test or urine test):

 

• No Prior Conviction(s) of the Offenses Enumerated Below;

 

• Prior Conviction(s) for One of the Following: Driving Under the Influence (DUI), Adult Driving While Impaired (DWI), Vehicular Homicide by Intoxication, Aggravated Vehicular Assault, Vehicular Assault by Intoxication;

 

• Involved in an Accident in which One or More Persons Suffered Serious Bodily Injury;

 

• Involved in an Accident in which One or More Persons are Killed; or

 

• Refused a Blood Test, Breath Test or Urine Test While Driving on a Revoked, Suspended, or Cancelled License Because of a Conviction for Vehicular Assault, Vehicular Homicide, Aggravated Vehicular Homicide, or Driving Under the Influence (DUI).

 

No prior Conviction(s):

 

Offense Category

 

Not Criminal

Probationary Period

None

License Revocation

1 Year

Jail Time

None

Fine

None

Eligible for a Restricted License?

 Yes, if the driver is otherwise eligible.

 

Prior Conviction(s) or One of the Following: Driving Under the Influence (DUI), Adult Driving While Impaired (DWI), Vehicular Homicide by Intoxication; Aggravated Vehicular Assault; Vehicular Assault by Intoxication

 

Offense Category

 

Not Criminal

Probationary Period

None

License Revocation

2 Years

Jail Time

None

Fine

None

Eligible for a Restricted License?

 Yes, if the driver is otherwise eligible.

 

Involved in an Accident in which One or More Persons Suffered Serious Bodily Injury:

 

Offense Category

 

Not Criminal

Probationary Period

None

License Revocation

2 Years

Jail Time

None

Fine

None

Eligible for a Restricted License?

 Yes, if the driver is otherwise eligible.

 

Involved in an Accident in which One or More Persons are Killed:

 

Offense Category

 

Not Criminal

Probationary Period

None

License Revocation

5 Years

Jail Time

None

Fine

None

Eligible for a Restricted License?

 Yes, if the driver is otherwise eligible.

 

Refused While Driving on a Revoked, Suspended, or Cancelled License Because of a Conviction for Vehicular Assault, Vehicular Homicide, Aggravated Vehicular Homicide, or Driving Under the Influence (DUI):

 

Offense Category

 

Criminal - Class A Misdemeanor

Probationary Period

11 months, 29 days

License Revocation

2 or 5 years, depending on the circumstances of the case

Jail Time

Mandatory Minimum of 5 days

Fine

Up to $1,000.00

Eligible for a Restricted License?

 Yes, if the driver is otherwise eligible.