Tennessee operates under the “implied consent” law, which means that you must submit to a blood or breath test. The officer must have probable cause to believe that you were drinking and driving and must act lawfully during the arrest. If you refuse to take this test, you must reckon with the fact that there are penalties to face, including the revocation of your license.
Here are the penalties for DUI test refusal:
- 1st offense: License revocation for 1 year
- 2nd offense: License revocation for 2 years
- 3rd offense: License revocation for 3 years
The law enforcement official has the responsibility of informing the person they are arresting that their license will be suspended. Needless to say, if your license has previously been suspended or revoked, or someone else was injured or killed at any time, then the penalties you could face increase significantly, which can include a longer license suspension time, time in jail, and fines.
How Can I Contest My Case?
The first step would be to attend your administrative hearing to reinstate your license. You have the right to retain a Nashville DUI attorney to assist you with the next steps. In fact, doing so can significantly increase your chances of having a favorable case outcome. There may be room for a valid defense in your case, either due to weak evidence or other circumstances. We search for every avenue to take in building your defense and argue in your favor.
When it comes to DUI cases, particularly if it involved refusal to submit to blood or breath tests, going without an attorney can be risky. The consequences are too severe for you to go it alone—this is why it is so critical to have an experienced and knowledgeable team act as your advocate.
The Collins Law Firm, PLLC has former prosecutors on our team with a distinguished reputation. We know the ins and outs of the laws and can help you fight any DUI charge!