When you’re pulled over in Tennessee and suspected of driving under the influence (DUI), one of the first questions you might face from law enforcement is whether you’ll submit to a breathalyzer test. In that moment, the decision may not seem straightforward. You might be wondering about your rights, the implications of refusing, and whether your choice will help or harm your situation. While it’s natural to want to protect yourself, refusing a breathalyzer test in Tennessee carries serious consequences that you should consider carefully.
Understanding Implied Consent in Tennessee
Tennessee, like most states, operates under an implied consent law. This means that by obtaining a driver’s license and driving on public roads, you have already given your implied consent to submit to chemical testing if an officer has reasonable grounds to believe you’re under the influence of alcohol or drugs. This includes breath, blood, or urine tests to determine your blood alcohol concentration (BAC).
Refusing a breathalyzer test isn’t just an exercise of your rights; it’s a violation of the implied consent law. While you may avoid giving evidence of intoxication, the refusal itself triggers automatic penalties, regardless of whether you’re ultimately convicted of DUI.
Immediate Consequences of Refusal
The first and most immediate consequence of refusing a breathalyzer test is the suspension of your driver’s license. In Tennessee, the penalties for refusal include:
First Refusal - Your license may be suspended for 1 year, even if this is your first encounter with law enforcement related to DUI.
Second or Subsequent Refusal - A second refusal within 10 years can result in a license suspension of 2 years.
Accident-Related Refusal - If the incident involves an injury or fatality, the penalties increase significantly, with possible license suspension lasting 5 years.
While these suspensions are administrative penalties separate from any criminal charges, they can have a significant impact on your life, especially if you rely on driving for work or family responsibilities.
Courtroom Implications of Refusing a Breathalyzer
Refusing a breathalyzer test doesn’t mean you’re off the hook. In fact, your refusal can be used against you in court. Prosecutors may argue that your refusal indicates a "consciousness of guilt," suggesting you refused because you knew you were intoxicated. This can make it harder to defend yourself against DUI charges, as juries often view refusal negatively.
Additionally, while refusing a breathalyzer might mean there’s no BAC evidence on record, it doesn’t prevent the prosecution from building a case against you. Officers can rely on:
Observations of your behavior, such as slurred speech, bloodshot eyes, or the smell of alcohol.
Results from field sobriety tests.
Dashcam or bodycam footage.
Witness testimony.
These elements can still lead to a DUI conviction, and your refusal to comply with testing might be seen as an aggravating factor.
Potential Criminal Charges
Refusing a breathalyzer test does not eliminate the possibility of facing DUI charges. Tennessee law enforcement is trained to gather evidence in various ways, and they may request a warrant to obtain a blood sample if they believe you’re intoxicated. This means that even if you refuse a breath test, a blood test could still be conducted against your will.
If convicted of DUI in Tennessee, the penalties can include:
First Offense - Jail time (48 hours to 11 months and 29 days), fines ranging from $350 to $1,500, and license revocation for 1 year.
Second Offense - Jail time (45 days to 11 months and 29 days), fines between $600 and $3,500, and license revocation for 2 years.
Third Offense - Jail time (120 days to 11 months and 29 days), fines from $1,100 to $10,000, and license revocation for 6 years.
Refusal to take a breathalyzer test won’t shield you from these penalties if there’s other evidence to support a DUI charge.
Increased Insurance Costs
Even if you manage to avoid a DUI conviction, refusing a breathalyzer test can still affect your insurance premiums. Insurers view refusal as a sign of risk, often resulting in higher rates or, in some cases, policy cancellation. A license suspension for refusal may also make it difficult to secure coverage from certain providers, leaving you with fewer options and increased costs.
Restricted Driver’s License
For many drivers, the inability to drive is one of the most significant hardships resulting from refusal. Tennessee does offer the possibility of obtaining a restricted driver’s license, which allows you to drive to certain locations like work, school, or medical appointments during your suspension period. However, this option typically requires:
Installation of an ignition interlock device (IID) in your vehicle, at your own expense. This device requires you to blow into a breathalyzer to start the car.
Payment of fines, fees, and court costs associated with the refusal and license suspension.
While a restricted license offers some relief, it’s far from a full restoration of your driving privileges.
Financial and Personal Strain
The financial burden of refusing a breathalyzer test extends beyond license suspension and court fees. You may also face costs for:
Hiring an attorney to defend you against the refusal and any associated DUI charges.
Attending mandatory alcohol or substance abuse education programs.
Installing and maintaining an IID, which can cost hundreds of dollars annually.
Additionally, the inability to drive can disrupt your daily life, especially if you live in an area without reliable public transportation. This can strain relationships, limit job opportunities, and create stress for you and your family.
Weighing Your Options in the Moment
When you’re asked to take a breathalyzer test, the decision to comply or refuse carries significant weight. Some drivers believe refusing the test gives them a better chance of avoiding a DUI conviction. While this might work in rare cases, the risks often outweigh the potential benefits. Tennessee’s implied consent law ensures there are consequences for refusal, even if you’re not convicted of DUI.
It’s also important to remember that every case is different. Factors such as prior offenses, the circumstances of your stop, and the evidence gathered by law enforcement will all influence the outcome.
Refusing a breathalyzer test in Tennessee is a decision that comes with significant consequences, including license suspension, legal challenges, and financial burdens. While it might seem like a way to protect yourself in the moment, the long-term implications can be far-reaching. The best approach is to understand your rights, weigh your options carefully, and seek professional legal guidance.
If you’re facing the consequences of refusing a breathalyzer or a DUI charge, our experienced attorneys at Eldridge and Cravens, PC are here to help. Their skilled representation and deep understanding of Tennessee DUI laws can provide the support you need to handle this challenging situation.
Contact us at (865) 544-2010 if you’ve been charged with DUI or need guidance on the legal repercussions of refusing a breathalyzer test. We’ll help you take the necessary steps to protect your future.