Drinking and driving in Memphis is a serious offense. When a person is pulled over on suspicion of drunk driving, they may feel ashamed and embarrassed. A breathalyzer test is often administered by police to determine whether the driver is legally drunk. But, what happens if a driver refuses to take a breath test?

If a person is pulled over on suspicion of drunk driving, the officer may require a breath test. This test is required by Tennessee law. If a person refuses to take a breath test (or urine or blood test) to determine their blood alcohol content, then they can face additional penalties. If the refusal to take a test is a first offense, then a person can face a year of license revocation in addition to the penalties imposed by a DUI conviction. If they are convicted of a DUI later without BAC evidence, an ignition interlock device is required in the person’s car. A second offense of refusal to take a breath test will bring a 2 year license suspension.

A refusal of a breath test can bring additional penalties for drivers who may be under the influence. When a driver obtains a driver’s license, they become subject to the implied consent laws in Tennessee which give authorities permission to test a driver to determine if the driver is impaired. An attorney who specializes in DUI cases can help evaluate the evidence and determine if the field tests were administered properly. They can make sure the defendant’s rights are being protected as well.

A DUI offense in Tennessee can carry serious consequences including fines, jail time and license suspension. The refusal of a breath test can carry additional consequences. An attorney who specializes in drunk driving cases can help a person through this confusing time and make sure their rights are protected.

Source: Law SERVER, “Tennessee Code 55-10-406,” Accessed March 30,2015