Implied Consent

tennessee implied consent

Tennessee Implied Consent Lawyer, Knox County DUI Defense Law Firm and Knoxville Criminal Defense Attorneys

In the event an individual has been stopped by the police for suspicion of driving under the influence and refuses to submit to a blood, urine or breath test to determine the alcohol content in the body, the person will be charged with a Tennessee Implied Consent Violation. The police officer that investigates the DUI case determines whenever a test is going to be conducted, additionally, the motorist does not have any say with regards to which test is going to be administered. All the call as to when and what is made on the street by the arresting officer. A person cannot bargain for one test in exchange of another. After the chemical substance test is done, the accused has the right to request an independent test of their choice. Tennessee Law permits this right. The police officer will provide none or limited assistance in helping the defendant get the independent test done. The test by the defense will be done at the jail and performed without delay. A person charged with a Tennessee implied consent violation should contact a skilled Tennessee DUI lawyer as quickly as possible for the independent test, or the evidence will disappear. Additionally, the defendant isn't permitted to consult with a lawyer prior to law enforcement testing until they come to a decision whether or not to submit to a chemical test.

Requires A Well-Prepared Defense to Fight A Tennessee Drunk Driving Charge.

The Tennessee Implied Consent Law considers that a driver impliedly consents to chemical testing by the issuance of a license to operate a motor driven vehicle. The  accused driver can be requested to summit for examination scientifically for either of the three chemical tests.  These tests are breath, blood or urine for the determination of alcohol or drug content in the defendant’s blood. In order to get to that point, the defendant should legally be in custody upon a showing of probable cause to arrest. Should the law enforcement officer have enough evidence that the accused individual was driving under the influence, the blood, breath or urine can be requested. In some cases, the defendant could be forced to submit to these tests by means of a judicially approved search warrant supported by probable cause.

The defendant can refuse to submit to any of the chemical test if it is not mandatory; having said that, if the defendant refuses to submit it will lead to revocation of the individual’s driver’s license in most cases. In some instances, there may be criminal consequences for failure to provide a sample. The defendant could end up losing and be convicted of a Implied Consent Violation even if they prevail in the driving under the influence case. In most cases it will lead to the loss of the defendants driving privileges, but might may lead to mandatory jail time in a few cases in specialized circumstances.

Aggressive and Dedicated Lawyers for All  - DUI Charges in Tennessee

In Implied Consent Violations, the fees and penalties differ from one case to another and will depend on related facts and the circumstances. Simplest way to deal with an Implied Consent charge in East Tennessee or Knoxville is to seek the advice of a skilled Tennessee DUI defense attorney. Call (865) 637-2900 to set up a free consultation with of the experienced Knoxville, TN DUI attorneys at the Law Offices of James A.H. Bell to discuss the specifics about your Implied Consent violation.