Knoxville, TN Implied Consent Lawyer

Navigate Complex Legal Processes With Our Knox County Attorney

In the state of Tennessee, driving under the influence (DUI) is a serious criminal offense. A conviction for DUI can result in thousands of dollars in fines, jail time ranging from two days for a first offense to more than one year for people with multiple previous convictions, the revocation of a driver's license, the requirement to use an ignition interlock device, alcohol or drug treatment, and other penalties. The results of blood or breath tests can play a crucial role in these cases, and drivers will need to understand when they may be required to submit to this type of testing under Tennessee's implied consent law.

DUI cases can be complicated and confusing, and people who are facing charges related to drunk driving may be unsure about how to proceed. Jeffrey Coller, Knoxville Criminal Defense Attorney can provide invaluable legal help in these situations. We have extensive experience representing clients who have been charged with DUI and related offenses. We can provide guidance on the role that implied consent laws and blood alcohol tests may play in a case, and we can help drivers determine their options for license reinstatement after a DUI arrest.

When Drivers May Be Required to Submit to Breath or Blood Tests

Tennessee's implied consent law requires drivers to submit to blood alcohol content (BAC) tests when they are arrested for DUI. Under this law, a driver is considered to have given consent to be tested when they operate a motor vehicle on public roads in the state. If a driver refuses to submit to testing, this is considered a violation of the implied consent law, and penalties will apply.

Notably, the implied consent law applies to BAC tests performed after a driver is arrested. While officers may ask drivers to blow into a portable breathalyzer device during a traffic stop, these tests are not used as evidence in DUI cases, and they are meant to help an officer determine whether there is probable cause to arrest a driver on suspicion that they operated a vehicle while they were intoxicated. An officer's testimony about the results of a portable breath test and their observations of a driver's appearance and behavior may be used to support their reason for performing an arrest, but the actual evidence of a driver's intoxication will usually consist of post-arrest breath or blood tests. Drivers can refuse roadside breathalyzer tests, but this may be viewed as a sign of intoxication by an officer, and it may provide probable cause for the officer to arrest the driver.

After a person is arrested and brought to a police station, they will be asked to submit to a breathalyzer test, give a blood sample, or both. When requesting this type of testing, a police officer must inform the driver that refusal will result in certain penalties, including license suspension and the requirement to use an ignition interlock device if the person is convicted of DUI.

Tennessee law states that a violation of the implied consent law by refusing to take a BAC test will result in a one-year driver's license revocation for a first offense. If a person has any prior convictions for DUI, including vehicular assault or vehicular manslaughter involving intoxication, they will be subject to a two-year driver's license revocation. A person may only be considered a multiple DUI offender if they were convicted of these offenses within the 10 years prior to their current arrest. Refusal to submit to BAC testing after an accident in which someone suffered a serious injury will also result in a two-year license revocation, and a five-year revocation will apply if someone was killed in an accident.

The Importance of Legal Representation

If you have been arrested on suspicion of DUI in Tennessee, it is important to understand how the actions you take and the ways you respond to police officers' requests may affect your case. You may face penalties if you refuse to submit to testing, but the results of a BAC test could be used to convict you of DUI. To ensure that you handle these issues correctly, it is important to seek legal representation from an experienced attorney as soon as possible after being arrested. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we can review your case and help you determine the best course of action moving forward.

We will work diligently to protect your rights throughout the legal process. We will gather all relevant evidence, challenge any improper procedures or violations committed by law enforcement officers, negotiate with prosecutors on your behalf, and present a strong defense strategy tailored to your specific circumstances.

Contact Our Knoxville DUI Defense Lawyers

If you need skilled legal representation in a Tennessee DUI case involving chemical tests or other related matters, contact Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000. Our experienced DUI defense attorneys have a deep understanding of Tennessee's DUI laws, and we will fight to protect your rights and help you resolve your case successfully. Schedule a complimentary consultation today to begin building your defense against DUI charges.