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DUI & Implied Consent

If you drive a motor vehicle within the State of Tennessee, the Legislature has provided by law that you are deemed to consent to testing to determine if you are intoxicated.

Tennessee Code Annotated, Section 55-10-406 (a)(1) provides:

Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person's blood, a test or tests for the purpose of determining the drug content of the person's blood, or both tests. However, no such test or tests may be administered pursuant to this section, unless conducted at the direction of a law enforcement officer having reasonable grounds to believe the person was driving while under the influence of alcohol, a drug, any other intoxicant or any combination of alcohol, drugs, or other intoxicants as prohibited by § 55-10-401, or was violating § 39-13-106, § 39-13-213(a)(2) or § 39-13-218.

The statute goes on to explain who may administer the test, the procedures officers must follow in requesting the test, notice that must be given to a driver requested to submit to a test, the consequences of refusing the test, and the punishment for refusing to be tested.

If you are asked to provide a breath or blood test, it is important that you understand the consequences of doing so, but, in general, if you are absolutely certain that you will not test over the legal limit, it may be best to submit to the test. If, however, you have no doubt that you will not “pass", it may be best to refuse and accept those consequences rather than provide the Government the test results necessary to ensure a DUI conviction, which carries punishments equal or worse than an Implied Consent violation.

If you have questions involving Implied Consent, please contact the office and schedule an appointment to discuss you particular situation.