To Blow or Not To Blow: What You Need To Know About DUI And Implied Consent Laws
Courtney Cotter
Imagine you just had an amazing night out with friends. You think you are okay to get behind the wheel and drive yourself home. In reality you might have had too much to drink. All of the sudden you see those blue lights flashing behind you and panic sets in.
It important to know your rights in case you find yourself in this situation.
Can You Refuse To Blow?
If the officer suspects you are under the influence he/she will ask you to perform a field sobriety test. After that is finished the officer will then ask you to blow into a device known as a Breathalyzer that will measure your blood alcohol content (“BAC”). At this point you can refuse to take the breath test.
If you refuse to take the breath test, the officer must inform you of the consequences associated with refusing to submit to a breath test. If the officer fails to do so then courts do not have the authority to revoke your driver’s license or require an interlock device based on your refusal.
A refusal can come with consequences under implied consent laws.
What Are Implied Consent Laws?
The basis behind “implied consent” laws is that a person who drives on public roadways does so by implicitly agreeing to take a DUI test if asked to do so by an officer. The officer must have probable cause to believe the driver was under the influence in order for implied consent laws to apply. If the officer did not have probable cause at the time the test was refused then the driver will not face consequences for a refusal.
Implied consent no longer applies to blood and urine tests, it now only applies to breath tests. If an officer wants you to submit to a blood or urine test he/she will need a warrant.
Consequences Of Refusal To Blow
The consequences depend on your state laws. In Tennessee, it is a class A misdemeanor to refuse to a lawful request for a breath test. Class A misdemeanors carry up to 11 months and 29 days in jail and a maximum $2,500 in fines. Note that a refusal isn’t considered a criminal offense. Instead, a refusal is penalized by license suspension.
A refusal to submit to a breath test will result in a one-year license suspension if you have no DUI convictions within the past 10 years. If you have priors within the past ten years then your license will be suspended for two years.
If your license is suspended for a refusal then you could be eligible for a temporary restricted license where you can only drive for limited purposes like work, school and treatment. The court might order you to install and use an ignition interlock device as a condition of the restricted license.
If you or someone you know has been arrested for a DUI related matter then it is important to hire an attorney that will fight for you and protect your rights. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an experienced attorney.