- DUI
One of the most common elements of DUI charges is the driver taking a breathalyzer test during the traffic. The simple test is effective in determining whether a suspect’s Blood Alcohol Content level is beyond the legal threshold of O.8%.
Within minutes, law enforcement officers can decide whether or not you’ve broken the law by driving under the influence. That’s why Tennessee law mandates drivers to comply when directed to take a breathalyzer test.
That said, it is essential to understand your rights regarding taking breathalyzer tests. In this article, we will delve into options you have, including refusing to take the test and the consequences of refusing to take the test.
What is Implied Consent?
This law allows law enforcement officers to subject motorists to breathalyzers and other chemical tests based on the implied consent law. Under this law, drivers on Tennessee roads inherently agree to take a breathalyzer test when requested by law enforcement officers.
Application of Implied Consent
Every state has implemented implied consent measures with different application scenarios. In Tennessee, you agree to take a breathalyzer test or chemical to ascertain your Blood Alcohol Content (BAC) when you receive a Tennessee driver’s license, and you drive on the road.
However, applying this law does not grant law enforcement officers unfettered power to subject any and/or all drivers to arbitrary breathalyzer tests. This law only applies when there is sufficient evidence that a driver is driving while impaired.
In other words, the law enforcement officer must have probable cause to lawfully request a driver to take a breathalyzer or any other chemical test to ascertain your BAC levels. If the law enforcement officer does not have reasonable grounds to subject you to a breathalyzer test, asking you to take the test is an overreach of their powers.
However, it is best to leave the process of determining whether the law enforcement officer had probable cause to an experienced DUI attorney.
Is it Legal to Refuse a Breathalyzer?
Under Tennessee law, some drivers can refuse to be subjected to a breathalyzer test. So, yes. It’s technically possible to refuse a breathalyzer test. However, there are dire consequences for refusing to take a DUI test when requested by the police.
Consequences of Refusal
Some of the dire consequences of refusing to undertake a breathalyzer test in Tennessee include:
- Automatic license suspension (1 year for first offense, 2 years for repeat offenses). However, you can get your driver’s license restricted instead of being revoked.
- Possible fines.
- Additional penalties for drivers with prior DUI convictions or if there is an injury involved. If you cause aggravated vehicle assault, vehicular homicide, or vehicular assault, you’ve committed a class A misdemeanor. Consequently, you can be jailed for 11 months and 29 days (with a minimum of 5 days incarceration). You may also lose your license for 1 to 5 years.
With the above in mind, you should also note that the law enforcement officer must tell you about the consequences of refusing a breathalyzer test. You can use the fact that law enforcement officers did not furnish you with the necessary information regarding the consequences of refusing a breathalyzer test as a defense to reduce your penalties.
How Refusal Impacts a DUI Case
Refusing a breathalyzer test can significantly impact the outcome of your DUI case, as it may lead to harsher penalties and be used by the prosecution to suggest guilt, making it crucial to understand how this decision affects your legal standing.
Impact on License Suspension
Refusing to take a breathalyzer test can lead to an automatic suspicion, even if you’re not ultimately convicted of a DUI. Depending on the arrest circumstances, the suspension can be one year for first-time offenders or 2 years for repeat DUI offenders.
Use of Refusal as Evidence
Refusing to take a breathalyzer test does not automatically mean you won’t be convicted of DUI. It might deny the law enforcement officers some evidence, but the actual refusal might work against you.
The prosecutor can argue that you refused to take the test as you already knew your BAC level over the legal limit of 0.08%. Moreover, your refusal might be used as evidence of attempting to evade testing in contravention of the implied consent law.
Exceptions and Special Circumstances
While refusing a breathalyzer test typically leads to serious consequences, there are exceptions and special circumstances, such as medical conditions or improper police conduct, that may provide grounds for contesting the refusal in court.
Involuntary Testing in Certain Situations
Tennessee laws allow law enforcement officers to compel breadth or blood testing under certain situations. This means drivers are denied the right to refuse DUI testing under certain conditions.
For instance, in cases where a driver causes an accident resulting in property damage, injury or death, if there was a minor in the car, or if the driver has a prior conviction for a DUI offense, the tests are performed whether the driver consents or not.
Warrant Requirements for Forced Testing
Discuss the situations in which police may need to obtain a warrant to perform a breath if a driver refuses.
If you refuse a breathalyzer test, the police may obtain a search warrant to ascertain your BAC level. Moreover, if the police want to perform a blood test, they must get a warrant first, as the implied consent law does not cover blood testing. Finally, law enforcement officers may obtain a warrant to perform blood testing if a suspect in a DUI case is unconscious.
How a Tennessee DUI Lawyer Can Help
When facing the consequences of refusing a breathalyzer test in Tennessee, a skilled DUI lawyer can be instrumental in protecting your rights, navigating the legal complexities, and potentially reducing the penalties you may face.
Challenging a Breathalyzer Refusal
A skilled DUI lawyer can challenge the legality of the traffic stop or the arrest, which can affect the validity of the refusal charge. An experienced attorney can help you fight your DUI case. From helping you fight the probable cause that initiated the traffic stop and the need to take a breathalyzer test to determine to help you establish whether the law enforcement officer explained the consequences of refusing a breathalyzer test, thereby protecting your rights.
Minimizing Penalties
Aside from challenging the DUI charge, an experienced DUI lawyer can help you reduce the penalties you face, negotiate license reinstatement, or simply help you avoid harsher consequences of refusing to take a breathalyzer test or DUI charge. Negotiating a plea bargain is one of the most effective ways attorneys help clients minimize the adverse effects of running afoul of the implied consent law.
Navigating the Court Process
Having legal representation to navigate court procedures, challenge evidence, and defend against DUI and implied consent violations is essential for anyone facing such charges. Considering the long-term effects of such a charge, you need an experienced hand to guide you through the challenging court process.
If You Refused a Breathalyzer Test and Are Facing DUI Charges, Call Our Experienced DUI Defense Lawyer
While in most cases you can refuse to take a breathalyzer test, your refusal comes with dire consequences, with a suspension of your driver’s license from 1 to 2 years and jail terms being the most adverse consequences. As such, you need an experienced defense attorney to help navigate the court process.
An experienced attorney can help you lower the charges, reduce the penalties, or get the charges thrown out successfully.
Are you facing charges related to refusal of a breathalyzer test or a DUI in Tennessee? Consult our experienced DUI lawyers at Nash Law today. Call 615-NASH-LAW to schedule a free consultation.
