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What Happens if I Refuse a Breathalyzer Test in Tennessee?

Posted on in DUI/DWI

Campbell County BUI defense attorney

If law enforcement personnel suspect that you are driving under the influence in Tennessee, they will most likely ask that you take a Breathalyzer test to obtain an estimation of the alcohol levels in your body. They also might ask you to take other, more subjective field sobriety tests, such as the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus tests. You are faced with an important choice when a police officer asks you to take a Breathalyzer test or field sobriety tests, so it is essential to know what the law requires of you at that moment, as well as following an arrest. Regardless of the circumstances of your arrest, you will want to work with an accomplished criminal defense attorney to aggressively defend your rights and minimize the potential consequences you may face.

Tennesse’s Implied Consent Law

In Tennessee, when motorists obtain their licenses, they automatically give consent to submit to a blood alcohol content (BAC) test if they are requested to do so by police. However, it is important to understand that implied consent does not apply to roadside breathalyzer tests or field sobriety tests. These tests can be refused, although this refusal may give an officer probable cause to arrest you on suspicion of drunk driving.

Following a DUI arrest, you will typically be asked to submit to breath or blood testing of your BAC, and implied consent applies to these tests. While a police officer typically cannot force you to take a BAC test, you will face the following penalties for refusing a testing in these cases:

A very important detail to remember is that any license revocations resulting from refusal to submit to BAC testing are separate from DUI charges. Therefore, if you are convicted of DUI, you may face additional fines, jail time, a longer period of license revocation, and other consequences.

Contact a Campbell County Criminal Defense Attorney

The laws on driving under the influence and implied consent in Tennesse can be complicated. If a police officer suspects a driver of intoxication, it can result in an arrest. If you believe that you were improperly arrested or charged with DUI or that law enforcement officials did not follow the proper procedures during or after your arrest, you will want to work with a criminal defense attorney to determine your best options. At the Law Office of William F. Evans, we have years of experience defending our clients' rights in court. We will build a strong defense to help you avoid a conviction and retain your driving privileges. To schedule your free consultation with one of our tenacious Jacksboro, TN DUI defense lawyers, call us today at 423-449-7980.




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