What is the Penalty for Refusing a Breathalyzer or Blood Test in Tennessee?
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 refuse to take a blood and/or breath test, you may be punished with a civil penalty:
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If you refused to take a blood and/or breath test and was driving on a license that was revoked, suspended or cancelled due to a prior conviction, you may be penalized as such: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
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
Driver’s implied consent to submit to blood tests
Driver’s consent to submit to blood tests
A search warrant
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.
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
The preliminary breath test is administered by a police officer when you are suspected of DUI. If you have not been placed under arrest, you do have the right to refuse a breathalyzer test.
However, there are two exceptions:
You are under the age of 21 and suspected of DUI
Individuals who are already on probation due to a prior DUI
Refusing to submit to BAC test can result in serious consequences. You could face very hefty fines as well as the loss of your driver's license for up to a year. However, it’s important to speak with an experienced Knoxville breath and blood test attorney about what your rights are. If you have been transported to a hospital, you can also have a blood test administered thereby trained medical professionals.
Are BAC Tests Always Accurate?
If you are suspected of DUI, a police officer can ask to administer a blood alcohol content (BAC) test to determine how much alcohol is in your system. the question is, are these tests always accurate? In most states, if your BAC registers over 0.8%, you are considered legally drunk.
BAC can be tested through blood samples, breath tests, and urine samples. When you are pulled over by police, they will first administer a breath test to determine if you are legally intoxicated.
If your blood alcohol level registers more than 0.8, there is a chance that the data could be wrong. Here are things that can be used to challenge the BAC results:
How much experience does the person administering the test have?
Does the machine that was used have the proper calibration?
Was there a lapse of time in getting blood, urine and breath samples?
Is there a possibility of contamination?
Are there issues of the chain of custody?
An experienced criminal defense attorney can be the person to challenge faulty BAC claims. There are many cases when DUI charges have been beaten by experienced Knoxville breath and blood test attorneys. Your attorney will be able to analyze your medical records and other paperwork to see if there are also issues within the case. Police officers can make technical mistakes that result in the case being tossed out.
Get The Defense You Deserve 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 Knoxville breath and blood test lawyer is a proven defender who knows what it takes to advocate successfully on your behalf.
“Mr. Fanduzz is committed to nothing but the BEST outcome for his clients.”
Nearly two years ago, I was charged with DUI and Speeding. Due to my occupation, a conviction could be detrimental to my career. I contacted Mr. Fanduzz and he was able to have my case placed on Judicial Diversion, which required me to serve only one year supervised probation (reduced from two years) and court cost. I retained my drivers license and did not have to purchase expensive car insurance.
Unfortunately, while on probation, I was charged with two counts of assault and aggravated assault. Along with these new charges, I also faced violation of my probation and the original DUI. All charges were considered Felonies at this point. There was no hesitation in hiring him to represent me again. Mr. Fanduzz not only kept me well informed, he also skillfully and agressively argued on my behalf. He arranged for my probation and judicial diversion to be reinstated and the felony assault charges to be dismissed in exchange for a plea to a misdemeanor offence.
Needless to say, I highly recommend Mr. Fanduzz because of his attention to detail and commitment to have the BEST possible outcome for his clients.
NACDL
