If you were stopped by a law enforcement officer and asked to take a “Standardized Field Sobriety Test” and you failed the test, most likely you will be asked to take either a blood alcohol test, a breathalyzer test or both. The officer will most likely present you with a paper to sign saying that you agree to take these tests. This is called Implied Consent. The Tennessee Implied Consent law was put in place to have those suspected of driving under the influence (DUI) to submit to either a breathalyzer (breath text) and or a blood test to determine if they are indeed driving under the influence of an intoxicant.
If you refuse such a test or tests, Tennessee law states that you will be charged with violation of the Tennessee Implied Consent Law and if found guilty will administratively loose your license for one year. However, neither test can be legally administered unless the officer has a “reasonable suspicion” that the one in question was actually driving under the influence of an intoxicant. Tennessee Code Annotated (TCA) 55-10-406.
If the court rules that you have violated implied consent, the judge will revoke your drivers license for one year and can even revoke it for up to five years depending on the circumstances. Even worse, if you are found guilty of the implied consent law and your license is revoked or suspended because of a previous DUI or similar charge, the fines and time you would have to serve would be even more serious.
Chuck Pope is an experienced attorney in DUI cases and practices in McMinn, Meigs, Polk, and Monroe Counties and his offices are located in Athens, Tennessee. His web address is http://popelaw.org.
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