What Are the Consequences if I Refuse a Breathalyzer Test in Tennessee?

If the police pull you over due to suspicions that you are driving under the influence (DUI) one of your most immediate concerns might very well be whether you want to submit to a breathalyzer test. Is refusing a breathalyzer test ever the right thing? This article aims to help readers to gain a better understanding of the charge and how it may impact you moving forward, so you can be better informed on making the right decision for you. A skilled DUI defense attorney at Fort Holloway Rogers can help guide you through your own nuanced situation.

Implied Consent

The first thing to understand is that by obtaining a Tennessee driver’s license Tennessee will imply your consent to a chemical test of the law enforcement officer’s choosing if the officer has probable cause to believe that you were driving under the influence. The options here would be:

• Breath (or breathalyzer test) this is the most common test and option utilized in such situations by law enforcement
• Blood test
• Urine test

You have the right to choose and refuse a breathalyzer test – but that choice comes with consequences. Before you make that call, you need to understand what will come next.

If You Refuse a Breathalyzer Test

If you refuse a required breathalyzer test and it is a first offense, Tennessee will likely revoke your driver’s license for one year. However, if this is your second or third offense, or if the accident seriously injured another person, then it will be an automatic suspension of two years.

However – if the accident at issue in the charge was fatal, then the refusal will carry a five year driver’s license suspension.

Right to Fair Warning

A law enforcement officer requiring you to take a breathalyzer test is required to inform you of the consequences you face if you refuse to test. If the officer at issue fails to comply with the requirement – and the accused person can prove that the officer failed in this duty – the court can reinstate your driver’s license without the usual restrictions. This is true even if you are ultimately convicted of committing a DUI offense.

Fighting the Automatic Suspension

You have a right to fight an automatic driver’s license suspension in court, but it is a restrictive process and you are by no means guaranteed a victory. Focused, engaged, experienced legal counsel can help you to understand the process that lies ahead and help you navigate through the nuances of the proceedings. If your license suspension is not overturned, your attorney can speak with you about the process of seeking a restricted license that allows holders to drive to essential destinations: such as the driver’s workplace or school.

Contact Fort, Holloway & Rogers

Remember, Tennessee law does not guarantee those individuals who have been pulled over under suspicion of DUI to discuss their options with an attorney prior to taking a breathalyzer test. The right decision for you will be unique to your own circumstances. Given all the consequences listed above, it is notable to remember that refusing a breathalyzer test may limit concrete evidence the prosecution could use against you. However, refusing the test can be interpreted as an attempt to hide guilt. The experienced Franklin DUI defense attorneys at Fort, Holloway & Rogers can help you navigate through any charges you might be facing.

Sources:

wsmv.com/2024/11/04/wsmv4-investigates-uncovers-more-than-600-cases-sober-drivers-arrested-dui-tennessee/

wsmv.com/2024/08/29/more-than-370-duis-dismissed-tn-first-six-months-2024/