The Nashville DUI Lawyers at Barnette Law Offices, LLC represent clients charged with DUI very frequently. However, 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 to determine the person's blood alcohol content. The officer, not the driver, chooses which of the 3 tests to administer. 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 a DUI lawyer in Tennessee, such as the Nashville DUI Lawyers at Barnette Law Offices, LLC before choosing whether or not to submit to a chemical test.
The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (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. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time however, the Nashville DUI Lawyers at Barnette Law Offices, LLC can often get first time offenders alternative sentencing and restricted licenses.
Implied Consent Violation Penalties
The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. If you’ve been charged with DUI and/or Implied Consent, contact the Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245.
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