Refusing a breath or blood test in Tennessee: the implied consent law

What implied consent means

Under Tenn. Code Ann. § 55-10-406, anyone who drives in Tennessee is treated as having given implied consent to breath tests, blood tests, or both, to measure alcohol or drug content. An officer can request the tests only when there is probable cause to believe the driver committed DUI or a related vehicular assault or homicide offense.

Before testing, the officer must tell the driver that refusing will result in the court suspending the driver's license and may, depending on prior history, lead to an ignition interlock requirement if the driver is later convicted of DUI. If the officer did not give that warning, the court cannot suspend the license for the refusal (§ 55-10-406(d)(2)-(3)).

A separate charge, decided by a judge

A driver who is arrested, warned, and refuses is charged with violating the implied consent law. That charge goes on a separate citation or warrant from the DUI (§ 55-10-407(d)). The refusal counts even if police later obtain a blood sample by search warrant or another lawful way (§ 55-10-406(d)(4)).

A judge decides the refusal:

• at the same time as the DUI case, if the prosecutor asks; or
• at the driver's first appearance or preliminary hearing in General Sessions Court, and no later than the case being bound over to the grand jury.

For a Bristol, Tennessee arrest that usually means Sullivan County General Sessions Court at the Bristol Justice Center. This is why the first court date matters.

How long the revocation lasts

If the court finds a violation, it must revoke the license (§ 55-10-407(a)):

The refusal revocation can run consecutively to a DUI revocation when the driver has certain other violations within the previous five years, such as an earlier implied consent violation, underage impaired driving, an open container, or reckless driving charged from a DUI (§ 55-10-407(c)).

If the DUI charge is dismissed because the officer lacked grounds to stop the car, the court can order the license reinstated (§ 55-10-407(b)).

Driving during a refusal revocation

A judge can order a restricted license for a person whose license was revoked under the implied consent law (§ 55-10-409(b)(1)(A)). In some cases the judge must require an ignition interlock, for example when the driver has a recent prior implied consent, DUI, or similar violation (§ 55-10-409(b)(2)(B)(iv)). Once a judge signs the order, the Tennessee Department of Safety says to take it to a Driver Services Center within 10 days, with SR-22 insurance. See the restricted license guide.

What this does not cover

The refusal case is separate from the DUI case. A driver can be found to have refused and still have the DUI dismissed, or the reverse. How the evidence is used at trial is a question for a lawyer. The directory lists Sullivan County lawyers who handle DUI cases.

Laws, penalties, and deadlines can change. This page is general information, not legal advice.