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However, if refusal occurred while the operators license was revoked, suspended or cancelled you may be charged criminally with a Class A misdemeanor.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

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

Recent Articles | View All

Holiday Parenting Schedules in Tennessee: What Happens When Plans Conflict?

Holiday parenting schedules can become stressful when families are trying to balance school breaks, travel plans, extended-family traditions, and the needs of children. A disagreement that seems manageable during the year may feel more urgent when Thanksgiving, Christmas, or another important holiday approaches.

What Happens If a Healthcare Employer Reports You to a Licensing Board?

For healthcare professionals, a workplace issue can sometimes become a professional licensing concern. A complaint from an employer, a patient, a colleague, or another source may lead to an investigation by a licensing board or state agency. Even if the professional believes the concern is unfounded, the situation can create stress and uncertainty.

Power of Attorney vs. a Will in Tennessee: Why Families May Need Both

Many families assume that having a will is enough to prepare for the future. A will is important, but it does not address every situation that can arise during a person’s lifetime. A power of attorney and a will serve different purposes, and many families benefit from having both.