Refusing a Breathalyzer Test in Tennessee

In Tennessee, refusing a breathalyzer or chemical test during a DUI (Driving Under the Influence) stop can lead to serious legal consequences, but in most cases I still advise to refuse chemical testing that you know will come back over the legal limit.  If you KNOW that the breath test will be negative, then maybe take it. But otherwise do not consent to blood or breath testing.  The consequences of a DUI are far greater than the consequences of refusing. And the consequences of refusing are not “automatic”.  You must be convicted of Implied Consent before you could face any license suspension.  So as a general rule, I advocate to refusing all testing on the scene of a DUI stop/investigation.

Here’s why it’s important to understand what refusal means and why you need a criminal attorney if you’re facing DUI refusal charges:

1. Implied Consent Law in Tennessee

• What it means: Tennessee has an “implied consent” law, meaning that by driving on Tennessee roads, you automatically consent to chemical testing (like breath, blood, or urine tests) if you’re stopped for suspicion of DUI. This consent is implied, and refusing a test can lead to penalties, even if you’re not convicted of DUI. But there is this little thing called the “constitution” which provides in the 5^th amendment protections against giving evidence against yourself.  You should always invoke your right to refuse testing under the constitution unless you think the testing will “help” your case.  (Which is most often NOT the case).
• Consequences of refusal:
  • License Suspension: Refusing a chemical test automatically MAY result in a one-year license suspension for a first offense. For second or subsequent refusals, the suspension could be longer.
  • No Test Results for Prosecution: While refusing a chemical test means the prosecution can’t use test results (like a BAC level) against you, they can still argue your impairment through other evidence (such as your behavior, field sobriety test results, and witness testimony). Thus I say NEVER take any field sobriety testing either.
  • Potential DUI Conviction: Even without chemical test results, if the arresting officer has other evidence of impairment (like erratic driving, smell of alcohol, or poor performance on field sobriety tests), you could still face DUI charges and/or ultimately a conviction for DUI.

2. Why You Need a Criminal Attorney

• Complexity of DUI Cases: DUI cases, especially those involving refusal to submit to a chemical test, can be complicated. A skilled criminal attorney like David Ridings can help protect your rights and analyze all the details of your case, such as the legality of the traffic stop, the officer’s conduct, and the evidence against you.
• Minimizing Consequences: A criminal attorney like Nashville DUI Attorney David Ridings can help you navigate the administrative aspects of your case, like contesting the license suspension or negotiating a plea deal, potentially reducing your penalties.
• Defending Your Rights: If your rights were violated during the arrest (for example, if you weren’t read your rights properly), an attorney can challenge the evidence and may help have charges reduced or dismissed. Mr. Ridings is skilled at finding these defenses and arguing them in court.
• Court Representation: If your case goes to court, having an experienced criminal attorney like Nashville Criminal Attorney David Ridings ensures you’re not facing the legal system alone. Ridings can cross-examine witnesses, present evidence, and advocate on your behalf. Call Nashville DUI attorney David Ridings today, and get some rest tonight!

3. Other Potential Penalties

• Criminal Penalties: In addition to the automatic license suspension, a refusal to submit to chemical testing might be used as evidence of guilt in the DUI case. If convicted, the penalties for DUI in Tennessee can include fines, mandatory alcohol education programs, potential jail time, and a longer license suspension.
• Long-Term Consequences: A DUI conviction or even the refusal to take a test can have lasting effects, such as a criminal record, higher insurance premiums, and difficulties with employment, especially if driving is required for your job.

Conclusion

Refusing a chemical test in Tennessee can have severe consequences, including suspension of your driver’s license and the potential for a DUI conviction.  But these penalties are not automatic after a “charge”. They require a “conviction” for either Implied Consent, or DUI. Given the complexity of DUI refusal cases and the serious long-term impact a conviction can have on your life, having an experienced criminal attorney by your side is crucial. They can guide you through the legal process, defend your rights, and work to minimize penalties.

Call Nashville’s premier DUI Attorney David Ridings today, and get some rest tonight.