OFFICE 615.414.1329
SANDRA L. WELLS
ATTORNEY AT LAW

Franklin TN DUI Attorney | Implied Consent Defense Lawyer

Tennessee law requires you to take a blood, breath, or urine test if you are arrested for a DUI. Tennessee’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).The officer gets to choose which test you take and may ask you to take more than one. The test or tests must be taken as soon as possible from when you were last driving and you cannot refuse without penalty.
 
Implied Consent Penalties

1st Offense
Revocation of Driver's   License for 1 year

2nd Offense 
Revocation of Driver's License for 2 years
 

 
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 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. A motorist does have a right to refuse to submit to a chemical test in most cases; 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.
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