Implied Consent

In Tennessee, if you are operating a motor vehicle or a watercraft on public roads or waterway, you have “consented” to a test to determine your blood alcohol content (BAC). Refusal to submit to these tests will result in the loss of your driver’s license for a period of one year or your boating license for six months.

Refusing to take the test will not result in the loss of your driver or boating license if you were not properly advised of the consequences for failing to take the tests prior to requesting you to take the test.

An officer may not request that you take the test unless he has “reasonable grounds” to believe you are operating your car or boat under the influence of an intoxicant or drug. While operating a motor vehicle, the officer may ask you to submit to a breath test, a blood test, or both.

If you have previously been convicted for DUI, Vehicular Assault, Aggravated Vehicular Assault, or Vehicular Homicide the penalties for refusing to submit to these tests may be increased.

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