A person charged with a DUI will be asked to consent to a chemical analysis test to determine the alcohol or other drug content of their blood. This testing can be done by either a blood test, a urine test, or a breathalyzer test. If the individual refuses to consent to the test, they will be charged with an Implied Consent Violation.
How can law enforcement charge you with a violation?
According to the T.C.A. § 55-10-406, any person who drives a motor vehicle in Tennessee is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood, a test or tests for the purposes of determining the drug content of the person’s blood, or both tests. That means that by operating a motor vehicle in Tennessee, you have implied that you will consent to the test. It is required by Tennessee law that officers must advise the driver that refusal to submit to the test or tests will result in suspension of their license (or further consequences if the individual has prior DUI convictions) before they decide whether they want to submit to the testing. However, an officer cannot and will not provide legal advice regarding an Implied Consent Violation.