Implied Consent Laws in Tennessee
According to Tennessee law, if you have a Tennessee drivers license you automatically give consent to willingly participate in a blood alcohol (BAC) test if a law enforcement officer has reasonable grounds to believe you may be driving under the influence of alcohol or drugs. The law also state that refusing to participate in a blood alcohol (BAC) test will be penalized by license suspension for no less than a year.
The penalties for refusing a blood alcohol concentration (BAC) tests are as follows:
• 1st offense: 1 Year License Suspension
• 2nd offense: 2 Year License Suspension
• Car crash involving bodily injury: 2 Years License Suspension
• Car crash resulting in death: 5 Years license Suspension
Refusing a blood alcohol (BAC) test has always held legal repercussions, but on January 1, 2011, laws in Tennessee regarding implied consent were updated and brought stronger penalties to those refusing the chemical tests. Implied consent laws in Tennessee now state that the period of license suspension for refusing a BAC test will run consecutively with license suspension obligatory of a DUI offense if the convicted offender has a conviction of any of the following offenses in the past five (5) years:
1. Violation of Implied Consent
2. Underage driving while Impaired
3. Violation of the Open Container Law
4. Reckless Driving if initial charged offense was a DUI
In other words, if you have been convicted of one of the four convictions listed above an extra year (first offense) or two years (second offense) of license suspension may be added to your overall sentence if you refuse to willingly participate in BAC testing.
The new 2011 Tennessee DUI laws make an implied consent conviction a much more serious legal matter. Having an implied consent charge on your record could get you into even more trouble down the road.
If you have been charged with violation of implied consent, it is important that you contact a knowledgably Murfreesboro defense attorney from Wilson & Bradley immediately. Having a defense attorney who knows the new Tennessee DUI laws will make a difference in the outcome of your case.
Contact Wilson & Bradley today at (615) 895-0030 if you have been charged with violating implied consent laws to discuss your case and how new Tennessee laws may affect you.
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