Implied Consent

Should you decline a breathalyzer or field sobriety test?

Implied Consent Laws in Tennessee

In case an individual is stopped under suspicion of DUI or DWI and refuses to undergo a blood, urine or breath test in order to determine the alcohol percentage in the body, he or she can be charged with Implied Consent Violation. The officer who investigates the case decides when a test is to be administered, and the driver has no say as to which test will be administered. After the chemical test is complete, the driver can request an independent test of his or her choice. The officer provides limited assistance in getting this test done, and you should contact a skilled Tennessee DUI attorney as soon as possible. In addition, the motorist is not allowed to consult with a DUI defense attorney until he or she decides whether to opt for a chemical test or not.

The Implied Consent Law considers that the consent by the motorist for one of the three chemical tests including urine, breath and blood for the determination of alcohol or drug content in his or her blood is already provided. In case the enforcement officer has sufficient proof that the person was driving under the influence, these tests may be requested. In a very few cases, however, the driver might also be forced to undergo the test.

The driver can refuse to undergo the test if it is not mandatory; however, the refusal leads to revocation of the driving license of the person in most cases. The driver may end up losing the Implied Consent case even if he or she wins the DUI case. This simply results in loss of license in most cases but may include mandatory jail time in a few cases.

Aggressive and Dedicated Attorneys for All DUI Charges in Tennessee

In Implied Consent Violations, the penalties vary from one case to another and depend on the circumstances and related facts. The best way to handle an Implied Consent charge in Knoxville or East Tennessee is to contact an attorney at Garza Law. Or, call (865) 540-8300 to set up a free consultation with the Garza Law Firm to discuss the specifics about your Implied Consent violation.