Tennessee DUI Defense Lawyer
Law Offices Of
James A.H. Bell, P.C.
865.637.2900
The Law Offices Of James A.H. Bell , P.C. represents clients in the cities and counties of Athens | Chattanooga | Cleveland | Cookeville | Crossville | Gatlinburg | Greeneville | Jefferson City | Kingston | Knoxville | Maynardville | Memphis | Nashville | Newport | Pigeon Forge Sevierville and the tri-cities of Kingsport | Johnson City and Bristol | Knox County | Anderson County | Bledsoe County | Blount County | Bradley County | Campbell County | Carter County | Claiborne County | Cocke County | Cumberland County | Davidson County | Franklin County | Fentress County | Grainger County | Greene County | Hamblen County | Hamilton County | Jefferson County | Johnson County | Loudon County | McMinn County | Marion County | Meigs County | Morgan County | Polk County | Putnam County | Rhea County | Roane County | Scott County | Sequatchie County | Sevier County | Union County | Warren County | Washington County.
Disclaimer: The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship. Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction. If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.
Knoxville, TN Criminal Defense Attorney
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Knoxville DUI Defense Attorney
Tennessee Implied Consent Law
In Tennessee, by applying for and obtaining a driver’s license, you have given your implied consent to a chemical test for the presence of drugs or alcohol in your system. However, that consent is not as broad as it may seem. There are a number of factors that determine whether, during an investigation into a DUI, a police officer will obtain a chemical sample from you for testing and what the consequences will be for refusing to submit to the test.
Police officers cannot request that you consent to a chemical test without a reasonable suspicion that you have violated the state DUI laws. If the officer does have the reasonable suspicion necessary to request a chemical test from you, he is required to inform you, at least generally, of the consequences of refusing. These requirements, as well as the legality of the stop, are frequent areas of interest for skilled DUI defense lawyers.
Whether or not to submit to a chemical test is an important decision and you should consider all the consequences of either submitting or refusing. While this article could not address every situation in which drivers find themselves being investigated for DUI, in general, first time implied consent violations will at least require that you lose your license for a year and may subject you to additional punishments and expenses, especially if the violation were not your first offense.
Recently, the legislature has amended the implied consent law to, in some case, make mandatory installation of an ignition interlock system in a car driven by a violator on a restricted license. These devices are expensive and require at least monthly and costly maintenance.
Criminal Defense Lawyer in Tennessee
If you do agree to submit to a chemical test, no matter what the result of the test, you will not be subject to the consequences of violating the implied consent law. However, the results of that chemical test may be admissible against you if you are charged with a DUI.
If you have been charged with DUI or violation of implied consent law you need experienced and skilled DUI lawyers who will give your case the time and attention necessary to achieve the best possible outcome for you.