Hagar and Phillips - What is Implied Consent and What are the Penalties?

What is Implied Consent and What are the Penalties?

February 2, 2026

Criminal Defense

Implied Consent

What is Implied Consent and What are the Penalties:

When a citizen receives their driver’s license in Tennessee, they are deemed to have given implied consent to breath and/or blood tests. Tenn. Code Ann. 55-10-406 authorizes law enforcement officers to request blood and/or breath tests when they have probable cause to believe that a driver is operating a vehicle under the influence of alcohol or drugs.

Failure to comply with a blood and/or breath test may result in a civil penalty. The first offense may result in up to one (1) year revocation. The second offense may result in up to two (2) years revocation. Additionally, if the party was involved in a crash which resulted in bodily injury and subsequently refused testing, it may result in a two (2) year revocation. If the accident results in one or more deaths, it may result in up to a five (5) years revocation.

However, if refusal occurred while the operators license was revoked, suspended or cancelled you may be charged criminally with a Class A misdemeanor. A conviction may result in a mandatory minimum of five(5) days in jail, up to $1,000 in fines, and required use of an ignition interlock device.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law

Recent Articles | View All

Five Mistakes to Avoid After a Car Accident in Tennessee

Being involved in a car accident can be disorienting and stressful, especially if there are injuries, property damage, or questions about who is at fault. In the moments and days that follow, small decisions can have a big impact on insurance claims, medical care, and any legal issues that might arise later. While this information is not legal advice and does not replace professional guidance, being aware of common mistakes after a crash can help people in Tennessee protect themselves and make more informed choices.

Dashcams and Liability After a Crash in Tennessee: Do They Help or Hurt?

More drivers in Tennessee are adding dashcams to their vehicles, hoping to capture evidence if a collision ever occurs. These small cameras can record what happens in and around a car, but many people wonder whether dashcam footage actually helps or can sometimes hurt them in the wake of a crash. In Tennessee, dashcams are generally legal, but how that footage is later used can depend on what the video shows, how it is stored, and how it fits into insurance and legal processes.

Trusts in Tennessee: What They Are (and Are Not) For in Estate Planning

Many people in Tennessee include the word “trust” in their estate‑planning conversations, often alongside wills, powers of attorney, and guardianship documents. A trust is a legal tool that can be used to manage and distribute assets, but it is not a one‑size‑fits‑all solution. Understanding what trusts generally can and cannot do helps families decide whether a trust might fit into their long‑term plans, without turning into a promise about any specific outcome.