Tennessee DUI Implied Consent and Chemical Test Refusals

Under TN DUI law, every person who drives in Tennessee is considered to have consented to having their blood, breath, or other bodily substances tested for alcohol and illegal drugs. The driver is entitled to a copy of the results of any test which is conducted.

A police officer who wishes a driver to take a test must inform him or her that refusing to do so will result in the suspension of his or her license to drive. It is not a criminal offense to refuse a test, but the court which handles the DUI or other criminal case against the driver will also decide whether he or she was properly advised of the consequences of refusing the test and whether he or she did refuse it.

If the court decides that a driver refused after being properly warned, his or her license to drive will be revoked for 1 year if the driver had never committed a DUI before, 2 years if the driver has committed a DUI before or was involved in a accident which caused a serious injury, and 5 years if the driver was involved in an accident which caused the death of some other person. The driver is permitted to petition the court to issue him or her a restricted license which will allow the driver to drive for certain defined purposes, such as work or school.

Source: Tennessee Code Title 55 (Motor Vehicles) 55-10-406, 55-10-409, 55-10-403 (a) (3), 55-10-403 (a) (4) (A)