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 Has Changed!
Not too long ago the “implied consent” law in TN changed to permit police officers the choice to request you to undergo a blood, urine test or breath test or both. The newest change enables a police officer to demand a driver to submit to both a blood or urine and a blood test. It seems that under the new law, a police officer could possibly request an individual to undergo a breath test and in the event the results are not to his or her preference; could possibly require an individual to undergo a blood or urine test as well. Even so, neither of them may be administered to determine BAC unless the police officer possesses reasonable suspicion to believe the individual was driving “while under the influence of alcohol, or a drug, any other intoxicant or any combination of alcohol, or drugs. Additionally, for the results of these kinds of tests to be admissible as proof, it has to first be proven that each one of the tests administered had been administered to the individual within two hrs. following the individuals arrest or initial detention.
If an individual, being placed under arrest after which having been requested by a police officer to undergo either a blood or breath tests, and then will not submit, they shall be charged with violating the Tennessee Implied Consent Law. The actual penalty for the first offense is one year suspension of the individuals drivers license. If an individual refuses to undergo the test and has a prior conviction for Driving under the influence, vehicular homicide attributable to intoxication, aggravated vehicular homicide, or vehicular assault attributable to intoxication, then the penalty the individuals drivers license will be suspended for a period of two years.
The actual penalty is that the individuals drivers license will be revoked for a period of two years, in the event the court finds that the driver of a motorized vehicle who has refused the test has been involved in an accident, in which unfortunately one or more individuals sustained serious bodily injury. The penalty will be the suspension of the individuals drivers license for five years, in the event the court finds that the motorist of a automobile has refused the test was involved in an automobile accident in which one or more individuals were killed.
Additionally, if the court or jury finds that the motorist violated the Tennessee implied consent law while driving on a license that was suspended, revoked or terminated due to a conviction for vehicular assault, vehicular homicide, aggravated vehicular homicide, or driving drunk, such driver commits a Class A misdemeanor and can be fined up to $ 1, 000.00 and will also be sentenced to a minimum mandatory jail or prison sentence of five days to be served consecutively.