Everyone in America has certain rights granted to them. Knowing and understanding these rights is important to protecting your civil liberties. However, these rights only extend so far, especially when dealing with the police. The police are a branch of the government, and thus have significant legal power over the average citizen. In Tennessee, there is a law the provides the police with significant legal authority on the roads of the state. This law is called implied consent. This article will serve as a guide to implied consent law in Tennessee. We will be explaining what it is, why it’s important, the implications of it, and the penalties that can come from not obeying this law.
What is Implied Consent?
Implied consent is a law that was created to ensure that citizens driving under the influence are caught. Implied consent rules that if you’re pulled over by the police and they request a breathalyzer test, it is against the law to decline. The basic gist of the law is that just by driving on the road in the state of Tennessee, it is implied that you have consented to submit to a breathalyzer test. Whether you believe you have consented to this or not isn’t relevant. Just by being on the road in Tennessee, you have signed an invisible contract that allows the police to pull you over and administer a breathalyzer test that reveals your blood alcohol concentration, or BAC.
If you refuse to submit to breathalyzer testing, there are strict punishments. Implied consent is a law that is enforced in court, and whether a driver is over the legal limit or not, they will end up in big trouble if they refuse to follow the law. Drivers should be advised to follow implied consent laws and submit to a test. However, there are limitations to implied consent that drivers should be aware of.
What are the Limitations of Implied Consent?
Like all laws, implied consent can only extend so far. There are a couple of key areas that Tennessee residents should be aware of that implied consent doesn’t cover. These are rules that are important to know, as if you’re unaware of your rights in these situations, your civil liberties could be violated without your knowledge.
For one, implied consent doesn’t cover blood testing. You are well within your rights to refuse a blood test if an officer pulls you over and requests one. Blood tests can reveal other substances that are in drivers’ systems to officers, but they need a warrant to procure one. A police officer may ask a pulled-over driver to submit to a blood test, but the driver is entitled to decline. This is true to Tennessee, although there are other states where drivers must submit to drug tests.
Another aspect of this law that drivers should be aware of is that police can’t just pull drivers over for no reason and make them submit to a breathalyzer test. Police need probable cause for their DUI case to hold up. Probable cause is the way that police can lawfully pull citizens over. Probable cause can consist of a few things. According to drivinglaws.org, some examples include bad driving, traffic violations, in-person observations, and traffic accidents. If the police fail to report probable cause for pulling a driver over, the case can be thrown out in court.
What are the Punishments for Breaking Implied Consent Laws?
As mentioned previously, if drivers refuse to comply with implied consent laws, there can be serious punishments. There are different punishments drivers might face if they ignore this law. It should be emphasized that breaking the implied consent law is always a bad idea, even if you are under the influence.
Here are some of the punishments drivers will face if they break these laws, according to a separate report by drivinglaws.org. A driver who refuses to submit to a breathalyzer test where there is probable cause will receive a license suspension. If the driver has had no DUIs over the past 10 years, the license suspension is for one year. If the driver does have a prior DUI case, the suspension is 2+ years.
One would think that by avoiding a breathalyzer test, they are avoiding the risk of getting a DUI. However, refusing to submit to testing can be used against drivers in court as evidence of being under the influence. Therefore, there is no upside to disobeying implied consent laws.
Conclusion
Implied consent law in Tennessee is enforced. Whether you agree with it or not is irrelevant when it comes down to obeying the law. In all situations involving implied consent, the punishment for not obeying the law will likely be worse than the punishment that comes from obeying it, as your refusal can work against you in court. With that in mind, your best bet if you are driving over the legal limit and are pulled over by the police is to get in touch with an attorney that specializes in DUI cases. Better still, drive sober!