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Knoxville Blood & Breath Test Defense Lawyer

Understand Your Rights on the Road

If an officer has a reasonable suspicion that you were driving under the influence of drugs or alcohol, then they have the right to administer a blood and/or breath test. You might be wondering if law enforcement needs to ask for your permission before making you take one or both tests. The answer is no because you already gave officers your consent upon receiving your driver’s license. Tennessee’s implied consent law means that registered drivers are required to take a blood and/or breath test if an officer believes they are driving under the influence.

If you were arrested for refusing to take a BAC test, call (865) 896-9971 or contact us online.

Blood Test Facts

Blood tests are intended to measure your blood alcohol content (BAC). If you are pulled over under reasonable suspicion of a DUI, the officer may legally administer a blood test under the following circumstances:

  • Driver’s implied consent to submit to blood tests
  • Driver’s consent to submit to blood tests
  • A search warrant
  • Without the driver’s consent if the search warrant outlines demanding circumstances
  • When blood tests must be administered under law, and with or without a search warrant if demanding circumstances exist

An example of “demanding circumstances” could be that an officer urgently needs to measure your BAC if you were involved in a collision or are at risk of causing one, or that they are certain you were driving under the influence and need to confirm their reasonable suspicion. Having a minor in your vehicle may also cause an officer to administer a BAC test.

Breath Test Facts

Like a blood test, a breath test measures your BAC. By law, you must submit to a breath test if an officer asks you to do so. The following circumstances must be present:

  • Driver’s implied consent to submit to blood tests
  • Driver’s consent to submit to blood tests
  • A search warrant
  • Driver was arrested for DUI or other vehicle-related crime
  • Officer has probable cause and obtains appropriate testing equipment available

Penalties for Refusing to Take Blood & Breath Tests

If you refuse to take a blood and/or breath test, you may be punished with a civil penalty:

  • Driver’s license revocation:
    • Up to 1 year for first offense
    • Up to 2 years for second offense
    • Up to 2 years if driver was involved in a crash which resulted in bodily injury, and refused to take blood and/or breath test
    • Up to 5 years if driver was involved in a crash which resulted in one or more deaths, and refused to take blood and/or breath test

If you refused to take a blood and/or breath test and was driving on a license that was revoked, suspended or cancelled due to a prior conviction, you may be penalized as such:

  • Class A misdemeanor
  • Up to $1,000 fines
  • Mandatory minimum jail sentence of 5 days
  • Required ignition interlock device

Contact the Law Office of Joseph A. Fanduzz Today!

If you were arrested for refusing to take a BAC test, you must retain our experienced legal counsel immediately so we can start building your case. Remember, you gave your implied consent to take a blood and breath test when you got your driver’s license. If an officer has reasonable suspicion and circumstances allow for the administration of one or both tests, then you must comply.

In a case like yours, you need a skilled negotiator and qualified defender. Luckily, Attorney Fanduzz is both, and more. Our knowledgeable lawyer is a proven defender who knows what it takes to advocate successfully on your behalf.

Allow us to help you move forward. Contact us online or call (865) 896-9971 to schedule your free consultation!