Implied Consent Violation

Pursuant to Tennessee Code Annotated § 55-10-406, any person who drives a motor vehicle in Tennessee is “deemed to have given consent” to a blood-alcohol test. Should a person refuse to take such a test when lawfully requested by a law enforcement officer, no test will be given, but the refusal can form the basis for an Implied Consent Violation.

Although not a criminal offense in all but one circumstance, the consequences of an Implied Consent Violation can be profound.

 

Penalties for Implied Consent Violation:

Sentence

License Revocation Period

No prior conviction for DUI or other specific alcohol-related driving offenses.

None

1 year, eligible for restricted license unless otherwise prohibited

Prior conviction for DUI, or other specific alcohol-related driving offenses.

2 years, eligible for restricted license unless otherwise prohibited

Accident with serious bodily injury

2 years, eligible for restricted license unless otherwise prohibited

Accident with death

5 years, eligible for restricted license unless otherwise prohibited

While driving on a revoked, suspended, or canceled license because of a prior conviction for DUI, or other specific alcohol-related driving offenses.

5 day consecutive sentence, fine up to $1,000

See above