New TN Implied Consent Law: Enhanced Punishments for Refusal of Breath, Blood, or Saliva Test

In Tennessee, driving is considered a privilege, not a right. Under T.C.A. § 55-10-406, by simply operating a vehicle on Tennessee roads, you are "deemed to have given consent" to a chemical test (breath, blood, or now saliva) to determine your blood alcohol content (BAC) or drug levels, provided the officer has probable cause.

18 Month License Suspension for Refusal

Previously, a first-time refusal of a chemical test typically resulted in a one-year (12-month) license revocation. Under the new law, the stakes have been raised:

• The New Penalty: A first-time refusal now triggers an 18-month license suspension.

• No "Shield" from Warrants: One of the most critical updates is that you can now be charged with an Implied Consent violation even if the police later obtain a search warrant for your blood. This is a significant change from previous law that negated an Implied Consent violation when a blood sample was still retrieved via Search Warrant.

You can now face an 18-month suspension for the initial refusal and still be prosecuted for DUI using the blood evidence seized by the warrant.

Because of these enhanced punishments, it’s crucial that you hire an experienced DUI Defense Attorney who knows how to get your DUI resolved in a way that doesn’t negatively impact your life long-term.