Tennessee DUI laws--implied consent

Tennessee DUI laws--implied consent

Tennessee DUI laws--implied consent

Tennessee, like most states, has what's called an implied consent law. This law deems that any person who operates a motor vehicle in the state of Tennessee has given consent to a chemical test to determine the alcoholic or drug content of their blood. The test is given at the direction of a law enforcement officer, and they must have reasonable grounds to believe the person was driving while under the influence of an intoxicant or drug. Despite the "reasonable grounds" language, a higher court in Tennessee has ruled that in order for the consequences of refusal to apply, the officer must find probable cause to believe a motorist has consumed intoxicants, and that a blood alcohol test will produce evidence of intoxication.

Prior to the test, then, there must be a belief that the driver was under the influence. Refusal to submit to the test will result in suspension of the driver's license, and the driver must be advised of this prior to the test. For a first DUI offense in Tennessee, the length of suspension is usually one year.

Violation of the implied consent law is not a criminal offense, but rather a civil forfeiture. The only penalty is that the driver loses their license for one year (or longer, depending on circumstances or prior convictions). There is no jail time or fine. Thus a driver has the right to refuse to submit to the chemical test, but the right is not absolute. Even if the driver is acquitted of DUI, or the charge is dismissed or reduced, they will still be found in violation of implied consent and will have their license suspended. However, the driver may apply for a restricted license.

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