Arrested? Call Attorney Joseph Fanduzz at (865) 896-9971 to Fight Your Charge!
Remember how excited you felt when you first got your driver’s license? Freedom and control are some of the best parts of being legally permitted to drive. However, with great power comes implied consent. Most people aren’t aware that upon receiving their driver’s license, they are giving their implied consent to take a blood and breath test should they be pulled over for a suspected DUI.
Tennessee's Implied Consent Facts
A major, and often overlooked, aspect of getting your driver’s license is that you are giving law enforcement your permission to administer any test(s) needed to determine your blood alcohol content (BAC). Tennessee law defines implied consent as such: “ … when you drive in Tennessee, you have given your consent to be tested to determine the alcohol or drug content of your blood. This test must be administered at the request of a law enforcement officer who has reasonable grounds to believe you have been driving under the influence of an intoxicant or drug.”
Tennessee’s implied consent law applies to both blood and breath tests, as well as field sobriety tests.
Simply put, law enforcement is legally allowed to make you take a blood and breath test, and/or a field sobriety test, if they’re convinced that you were driving under the influence. Refusal to take any test to measure your BAC is a violation of the implied consent rule.
What Are the Penalties for Violating the Implied Consent Law?
Violating the implied consent law is a civil offense. As a result of refusing to submit a BAC or field sobriety test, you may be punished as such:
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 violated the implied consent law and the court finds that you were also driving on a revoked, suspended or cancelled license due to a prior conviction, you may face criminal penalties:
Class A misdemeanor
Up to $1,000 fines
Mandatory minimum jail sentence of 5 days
Required ignition interlock device
Attorney Fanduzz is committed to working to help reduce your implied consent violation charge or dismiss it altogether. Contact us online if you need highly rated defense in your corner.
What if I’m Found Not Guilty of a DUI?
Refusing to take a BAC or field sobriety test might convince law enforcement that you are hiding something. They will most likely have a stronger suspicion that you are guilty of a DUI. However, even if the chemical test reveals that you were not driving under the influence, you may still be guilty of violating the implied consent law.
Thus, even if your DUI charge is dismissed because you are found innocent, you can still face an implied consent violation. DUIs and implied consent are two separate things: If you are found innocent of a DUI, you can still be penalized for refusing to take a chemical or field sobriety test.
If you are accused of violating Tennessee’s implied consent law, contact us onlineor call (865) 896-9971to schedule your free consultation.
Proven Success in Defending the Accused
The Law Office of Joseph A. Fanduzz is dedicated to representing you and providing trusted legal counsel from beginning to end. Running into trouble with the law is a frightening and uncertain time, so we make ourselves available 24/7 to allow clients to ask questions or learn details about their case whenever they need to. You can count on our highly rated Knoxville implied consent lawyer to fight tirelessly against your implied consent violation charge.
Facing charges for violating implied consent law? Schedule your FREE consultation. Call (865) 896-9971or contact us onlineso we can begin building a powerful defense!
“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
