What is implied consent?

Tennessee law (T.C.A. 55-10-406) states that if you drive a car in Tennessee it is implied (assumed) that you are consenting (agreeing) to be tested for alcohol or other intoxicating substances if the police have a good reason (probable cause) to believe that you are driving under the influence of alcohol or other substance.  The results of the tests will be used against you.

Your consent to be tested must be knowingly, voluntarily and freely given.  If the police force, threaten or coerce you to submit to blood or breath tests those test results may be thrown out by the court.  You owe it to yourself to have your case reviewed by an experienced DUI attorney.

If you refuse to submit to such tests and depending on the circumstances the police may  ask a judge to issue a search warrant for your blood or breathe.

The police can charge you with an implied consent violation for refusing to submit to the tests.