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What if Someone Refuses a Breathalyzer?
Tennessee is considered one of the worst states when it comes to drunk driving offenses, ranking 12th in the United States. With drunk driving becoming a growing concern in the Volunteer State, police officers are vigilant to detect signs of an inebriated motorist.
If you are pulled over for drunk driving, do not think that simply refusing a test will get you off the hook. Under Tennessee’s implied consent law, you are required to consent to a blood or breath test upon request. By refusing a breath test, your license will automatically be suspended.
If you are facing allegations of drunk driving, our Murfreesboro DUI lawyer is prepared to provide persistent representation when you need it most.
How Does a Breathalyzer Measure a Blood Alcohol Level?
A breathalyzer is a device that you can breathe into that measures the amount of alcohol that is in your breath. A breathalyzer measures the amount of alcohol as you exhale to determine how much alcohol is in your system. Even though your liver metabolizes ethanol (the main ingredient in alcohol), some of the alcohol will be absorbed into your lungs, which will allow it to be detectable on your breath.
If you are convicted of a DUI, you will be required to install an ignition interlock device (IID). An IID is a device that attaches to your engine. To start your vehicle, you will need to breathe into the IID. If the IID registers a reading of 0.20% or higher, then your vehicle will not turn on.
Tennessee Implied Consent Law
Did you know that if you operate a vehicle in the Volunteer State that you automatically consent to chemical testing if an officer suspects that you are driving intoxicated? Obviously, you did not consent to such a thing, but under the law you are given no choice but to submit to testing.
Under TN Code §55-10-406, if a police officer has probable cause to believe that you are driving under the influence of alcohol or drugs, you must submit to blood alcohol testing. This applies to blood, urine, or breath samples.
Penalties for Refusing a Breathalyzer
By refusing a breathalyzer, your license will be suspended. The suspension period will depend upon prior DUI offenses:
- No prior offenses: License revocation of one year
- Second Offense: License revocation of two years
- If anyone was injured, license revocation for two years
- If there were any fatalities, license revocation for five years
Obtaining Counsel After Test Refusal
In general, if law enforcement requests that you submit a breath test, you should comply since a DUI lawyer will have more options for legal defenses, such as challenging the accuracy of the device or arguing that a medical condition caused a false positive reading.
Even though a refusal does put you at risk of license revocation and administrative civil penalties, our Murfreesboro DUI lawyer may be able to prove that you are wrongfully charged. For example, upon investigation, our firm may gather evidence showing that a police officer did not have reasonable grounds to request a blood alcohol test in the first place. With a test refusal having severe penalties, you will want to get a DUI lawyer immediately.
Consult with a Murfreesboro DUI Lawyer Right Away
Being charged with a DUI can be distressing, causing you to fear what legal consequences lie ahead. If you or a loved one have been accused of driving under the influence, our Murfreesboro DUI lawyer is available to address your concerns. To schedule your initial consultation, contact The Law Offices of Joshua T. Crain online or by phone today.