Implied Consent and Breathalyzer Tests

When you are stopped for an alleged drunk driving charge, one of the first things the police officer asks you to do is to submit to a Breathalyzer (or Alco-Sensor) test. The question comes up constantly: Am I required to take the test, and what are the consequences of refusing?

The short answer is no: You are not required to submit to any field sobriety tests, including the portable breath test, or PBT. But refusing to take a sobriety test means you automatically lose your license for a set period of time:

* One year — if you do not have a prior conviction

* Two years — if you have a prior conviction

* Five years — if you caused an accident which killed one or more people

Implied consent comes into play if the police have probable cause to believe you are driving under the influence. Under Tennessee law, “Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood…” Specifically, this impaired driving offense is a violation of § 55-10-406.

Preparing yourself for a DUI arrest

Knowing what to do (and what not to do) from the moment you are stopped by law enforcement is the first step in ensuring that your rights are protected. If you are pulled over by the police:

* Do be respectful.

* Do provide your license, registration and auto insurance information.

* Do not submit to a field sobriety test or portable breath test.

* Do invoke your right to remain silent and obtain counsel from a lawyer.

For additional information regarding your rights after you have been arrested for drunk driving, consider reaching out to a skilled DUI lawyer.