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 |
Posted in DUI
FREE CONFIDENTIAL CONSULTATION