Hagar and Phillips - Understanding Implied Consent Violations in Tennessee

Understanding Implied Consent Violations in Tennessee

April 25, 2025

Criminal Defense

Understanding Implied Consent Violations in Tennessee

In Tennessee, when you obtain a driver’s license, you automatically agree to something called “implied consent.” This means that if a law enforcement officer has probable cause to believe you’re driving under the influence (DUI), you’re legally required to submit to a blood or breath test. Refusing that test can lead to serious legal consequences — even if you aren’t ultimately convicted of DUI.

At Hagar and Phillips, we help drivers facing implied consent violations understand their rights and fight back with a strong legal defense.

What Is an Implied Consent Violation?

Under Tennessee Code § 55-10-406, refusing to take a chemical test after a lawful request from an officer is a civil offense — but it can have major impacts on your driving privileges and future.

Here’s what you could face:

First offense: License revoked for 1 year
Second offense: License revoked for 2 years
Refusal after a serious injury crash: 2-year revocation
Refusal after a fatal crash: Up to 5-year revocation
If your license was already suspended or revoked at the time of refusal: You may face criminal charges, including a Class A misdemeanor, jail time, and fines.

How We Build a Strong Defense

At Hagar and Phillips, we approach implied consent cases with a comprehensive defense strategy focused on protecting your rights and minimizing the fallout.

Our approach includes:

Challenging Probable Cause: We scrutinize whether law enforcement had legal grounds to stop you or request testing in the first place.
Reviewing Officer Procedure: If proper protocol wasn’t followed — such as failure to read the implied consent advisement — your refusal may be invalid.
Arguing Medical or Physical Limitations: If health issues prevented you from providing a sample, we bring in expert testimony to support your case.
Fighting for Limited Driving Privileges: We advocate for a restricted license when possible so you can continue to work and meet essential needs.

‍Don’t Let an Implied Consent Violation Derail Your Life

If you’ve been charged with violating Tennessee’s implied consent law, time is critical. A license revocation can impact your job, family responsibilities, and finances. Let the experienced legal team at Hagar and Phillips stand by your side and fight for your future.

Visit www.hplawtn.com to schedule your consultation today and explore your legal options.

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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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