Can I Refuse a Breath or Blood Test During a DUI Stop?

Being pulled over on suspicion of driving under the influence (DUI) can be an overwhelming experience. In that moment, many drivers wonder whether they are legally required to submit to a breath or blood test. In Tennessee, the answer is more complicated than a simple yes or no. While you technically can refuse a chemical test, doing so carries significant legal consequences under the state’s implied consent laws. Understanding your rights and the risks of refusal is critical when facing a DUI stop.

Tennessee’s Implied Consent Law

Under Tennessee’s implied consent law, any person who operates a motor vehicle on public roads is considered to have given consent to chemical testing of their blood, breath, or urine to determine alcohol or drug content if lawfully arrested for DUI. This means that even though you have a right to refuse, doing so will trigger administrative penalties regardless of whether you’re ultimately convicted of a DUI.

What Happens If You Refuse?

Refusing a breath or blood test in Tennessee can result in an automatic suspension of your driver’s license. For a first-time refusal, the suspension is typically one year. If you have prior DUI convictions or prior refusals, the suspension can be extended to two years. In some cases, refusal may also be used as evidence in court to imply guilt. It’s important to note that if the officer obtains a search warrant, you can still be legally required to submit to a blood test, even if you initially refused.

Additionally, if your DUI stop involved aggravating factors—like a serious accident or injury—refusal can escalate the situation. Law enforcement may take your refusal as probable cause to obtain a warrant for a mandatory blood draw. In short, refusal doesn’t necessarily prevent the state from gathering evidence against you.

When Refusal Might Be Considered

While not generally recommended, some people consider refusing the test if they believe the results would confirm impairment, especially if they have prior convictions and are trying to avoid enhanced penalties. However, this strategy carries serious risks and should not be taken lightly. Consulting with a DUI defense attorney as early as possible is the best course of action to protect your rights and minimize penalties.

Why You Should Hire Burch & Stewart Attorneys in Manchester, TN

At Burch and Stewart Attorneys, we understand how confusing and stressful a DUI stop can be. Located in Manchester, Tennessee, our firm has extensive experience defending clients in DUI cases, including those involving breath and blood test refusals. We’ll carefully examine whether law enforcement followed proper procedures, challenge the validity of any evidence, and work to protect your driver’s license and freedom. Don’t face DUI charges alone. Contact us today for a free consultation and get the strong legal defense you need.