Understanding Implied Consent Violations in Tennessee

In Tennessee, when you obtain a driver’s license, you automatically agree to something called “implied consent.” This means that if a law enforcement officer has probable cause to believe you’re driving under the influence (DUI), you’re legally required to submit to a blood or breath test. Refusing that test can lead to serious legal consequences — even if you aren’t ultimately convicted of DUI.

At Hagar and Phillips, we help drivers facing implied consent violations understand their rights and fight back with a strong legal defense.

What Is an Implied Consent Violation?

Under Tennessee Code § 55-10-406, refusing to take a chemical test after a lawful request from an officer is a civil offense — but it can have major impacts on your driving privileges and future.

Here’s what you could face:

• First offense: License revoked for 1 year
• Second offense: License revoked for 2 years
• Refusal after a serious injury crash: 2-year revocation
• Refusal after a fatal crash: Up to 5-year revocation
• If your license was already suspended or revoked at the time of refusal: You may face criminal charges, including a Class A misdemeanor, jail time, and fines.

How We Build a Strong Defense

At Hagar and Phillips, we approach implied consent cases with a comprehensive defense strategy focused on protecting your rights and minimizing the fallout.

Our approach includes:

• Challenging Probable Cause: We scrutinize whether law enforcement had legal grounds to stop you or request testing in the first place.
• Reviewing Officer Procedure: If proper protocol wasn’t followed — such as failure to read the implied consent advisement — your refusal may be invalid.
• Arguing Medical or Physical Limitations: If health issues prevented you from providing a sample, we bring in expert testimony to support your case.
• Fighting for Limited Driving Privileges: We advocate for a restricted license when possible so you can continue to work and meet essential needs.

‍Don’t Let an Implied Consent Violation Derail Your Life

If you’ve been charged with violating Tennessee’s implied consent law, time is critical. A license revocation can impact your job, family responsibilities, and finances. Let the experienced legal team at Hagar and Phillips stand by your side and fight for your future.

Visit www.hplawtn.com to schedule your consultation today and explore your legal options.

‍