Written by attorney Grover Christopher Collins

Tennessee Implied Consent

Tennessee Implied Consent

When did I agree to this Tennessee Implied Consent?

Most people don't realize that when you get your driver's license and fill out all the paperwork, you agree to Tennessee Implied Consent. What does that mean? Basically in Tennessee anytime an officer has probable cause to believe a driver is under the influence, he may request the driver to submit to a test. That test may be blood, breath, or both. You can refuse this test, but there are consequences. Under Tennessee Code Annotated section 55-10-406, if a police officer can articulate the reasons he asked for a test when he testifies, you can lose your driver's license for a year.

But doesn't the officer have to prove I refused beyond all reasonable doubt?

NO. A violation of the Implied Consent Statute is considered a civil violation. This means the officer only has to prove you refused by a preponderance of the evidence. What does that mean? It's not as hard for them to prove, or take your license. Know that if you refuse a test during a DUI investigation, there is a likelihood you will lose your license.

Can I do jail time for Implied Consent?

Sometimes. Most Tennesse Implied Consent cases are civil in nature, which means no jail time. However, if a person is on probation for DUI or has their driver's license revoked for a previous violation for Tennessee Implied Consent, they could be looking at up to 5 days in jail. This type of Tennessee Implied Consent is considered a criminal violation.

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