Garza Law Firm, PLLC

The

865.540.8300

Tennessee DUI Lawyers Protecting Your Future

KNOXVILLE, TN DUI / DWI  Criminal Defense ATTORNEY

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Tennessee Implied Consent Law

Knoxville TN DUI Defense Lawyer.

Tennessee, like the majority of states, possesses what's known as an implied consent law. This particular law deems that anyone who operates an automobile in the state of Tennessee has given consent to a blood or breath test to determine the alcoholic or drug content of their blood. The test is given at the direction of a police officer, plus they must have probable cause to believe the individual had been driving while under the influence of alcohol or drugs. In spite of the "reasonable grounds" terminology, a higher court in Tennessee has ruled that in order for the punishment of refusal to apply, the police officer must determine probable cause to believe a driver has consumed alcohol, and have a blood alcohol content greater than .08.

Before the test, there has to be a perception that the motorist had been under the influence. Refusal to undergo the test will result in suspension of the driver's license, and the motorist has to be advised of this before the test. For a first driving under the influence offense in Tennessee, the individuals drivers licenses is usually suspended for one year.

Drunk Driving Defense Attorney in Knoxville.

Violation of the Tennessee implied consent law is not a criminal offense, but instead a civil forfeiture. The only penalty is that the individual’s driver’s license will be suspended for one year (or longer, depending on circumstances or prior convictions). There isn't any jail time or fine. Therefore, a driver has the right to refuse to submit to the blood or breath test, but the right is not absolute. Whether or not the driver is acquitted of "drunk driving," and the charge is dismissed or reduced, they may still be found in violation of implied consent law and can have their driver's license suspended. Even so, the driver may apply for a restricted driver's license.

As in all driving related criminal cases, the best results are obtained when you call a Tennessee lawyer who is dedicated to handling Tennessee DUI, Tennessee Vehicular Assault and other driving cases as soon as possible.  Call toll free at 888-DUI-CALL (888-384-2255) or locally in the greater Knoxville area at 865-540-8300 as soon as possible.  

What should I do if I am asked to take a field sobriety test in Tennessee?