Hagar and Phillips - What is Implied Consent and What are the Penalties?

What is Implied Consent and What are the Penalties?

February 2, 2026

Criminal Defense

Implied Consent

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However, if refusal occurred while the operators license was revoked, suspended or cancelled you may be charged criminally with a Class A misdemeanor.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.

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