What is Implied Consent and What are the Penalties?
November 8, 2024
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What is Implied Consent and What are the Penalties:

When a citizen receives their driver’s license in Tennessee, they are deemed to have given implied consent to breath and/or blood tests. Tenn. Code Ann. 55-10-406 authorizes law enforcement officers to request blood and/or breath tests when they have probable cause to believe that a driver is operating a vehicle under the influence of alcohol or drugs.

Failure to comply with a blood and/or breath test may result in a civil penalty. The first offense may result in up to one (1) year revocation. The second offense may result in up to two (2) years revocation. Additionally, if the party was involved in a crash which resulted in bodily injury and subsequently refused testing, it may result in a two (2) year revocation. If the accident results in one or more deaths, it may result in up to a five (5) years revocation.

However, if refusal occurred while the operators license was revoked, suspended or cancelled you may be charged criminally with a Class A misdemeanor. A conviction may result in a mandatory minimum of five(5) days in jail, up to $1,000 in fines, and required use of an ignition interlock device.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
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