What Are the Consequences of Refusing a Breathalyzer Test

If you’re pulled over under suspicion of driving under the influence (DUI), you have plenty of questions and concerns, but one of the most pressing may be whether refusing the breathalyzer test is the right way to go. A better understanding of the charge and what’s at stake can help you make the right decision for you. If this is the difficult position you find yourself in, do yourself a favor and reach out for the skilled legal guidance of an experienced Tennessee DUI defense attorney.

To begin, you need to know that your Tennessee driver’s license implies your consent to a chemical test of the officer’s choosing if they have probable cause to believe you were driving under the influence (DUI). This is the law of implied consent, and the options when it comes to chemical testing include:

Breath, which is the most common
Blood
Urine

Your refusal to take a breathalyzer test comes with consequences that you should recognize.

If You Refuse the Test

If you refuse the required breathalyzer test and it’s your first offense, you will be hit with a one-year revocation of your driver’s license. The following come with an automatic suspension of two years:

The offense is your second or third.
The accident left someone else seriously injured.

If the accident that precipitated the charge was fatal, your refusal carries a five-year driver’s license suspension.

Your Right to Fair Warning

The officer requiring you to take a breathalyzer test must inform you of the consequences you face for refusing to do so. If they fail to comply with this requirement – and you can prove it – the court can reinstate your license without the usual restrictions even if you’re ultimately convicted of DUI.

Your Right to Fight the Automatic Suspension

You have the right to fight an automatic driver’s license suspension in court, but the parameters set for doing so are restrictive. Having focused legal counsel in your corner from the start can directly affect the outcome of your case. Barring having your suspension overturned, you can seek a restricted license that allows you to drive to primary destinations like school or work. This option generally requires having an ignition interlock device installed in your vehicle.

Additional Considerations

While an attorney’s guidance at this juncture would be ideal, Tennessee doesn’t allow those stopped for DUI to discuss their options with an attorney prior to taking the breathalyzer. As such, you’ll need to make your own decision based on the unique specifics of your situation. Consider the following:

Refusing the test limits the evidence the prosecution has against you.
Refusing the test can also be interpreted as an attempt to hide your guilt.

An Experienced Tennessee DUI Defense Attorney Is on Your Side

If you’re facing a DUI charge, the focused Tennessee DUI defense attorneys at Burch and Stewart Attorneys recognize the important role your driver’s license plays in your life and will leave no stone unturned in their fierce pursuit of a favorable case outcome that keeps you behind the wheel and with as few legal consequences as possible. Learn more by contacting us online or calling 931-954-1066 today.