What is Implied Consent?
Implied consent is a presumption under Tennessee law that you will consent to a blood or breath test to determine the alcohol of drug content of your blood if there is probable cause to believe you have committed the offense of DUI. Officers will frequently tell you, you must consent to a blood or breath test.
If you refuse to submit to a blood or breath test, you are in violation of the Tennessee implied consent law. A violation of the implied consent law is not a criminal offense, it is a civil infraction punishable only with the revocation of your driving privileges for one (1) year if it is your first offense.
It is possible to fight this civil infraction by showing that there was not probable cause for the arrest, the officer did not comply with the implied consent law, you did not voluntarily submit to a blood draw. A recent change in the implied consent statute places the constitutionality of blood draws into question.
An experienced DUI attorney will identify legal issues within your case to work towards the best defense possible.