Tuesday, November 3, 2009

Jason Wade Barnette – Tennessee DUI Lawyer

Persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test. The officer, not the driver, chooses which of the 3 tests to administer under Tennessee law.

After submitting to the chemical test of the officer's choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test.  A motorist does not have a right to speak with an attorney in Tennessee before choosing whether or not to submit to any chemical test.

The Tennessee Implied Consent Statute, Tennessee Code Annotated § 55-10-406 prescribes that any person who drives a motor vehicle in the State of Tennessee has given consent to a chemical test; i.e., blood, breath or urine, to determine the drug or alcohol content of the person's blood. Such test may be requested if a law enforcement officer has reasonable grounds to believe that the person is driving under the influence.

A motorist does have a right to refuse to submit to a chemical test in most cases; however, such refusal normally results in the revocation of the person's driver's license although a skilled Tennessee DUI attorney such as those at Barnette Law Offices, LLC can often get the offender a restricted license. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case.

Implied Consent Violation Penalties

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. The violations can be reviewed during consultation with a well qualified Tennessee DUI attorney at Barnette Law Offices.


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