Knoxville DUI Test Refusal Attorney

Dedicated DUI Lawyer Advocating for Clients in Knoxville, TN

When you got your driver's license, you automatically consented to a blood, breath, or urine test if you are ever arrested on suspicion of driving under the influence. This is known as Tennessee's implied consent law. However, this does not mean that a police officer can physically force you to take a chemical test unless he has a warrant or if there are "exigent circumstances." Refusing is usually an option, but it does come with consequences. If you refuse to take a test designed to reveal your blood alcohol content or the presence of drugs in your body after being arrested for DUI, your license will automatically be suspended for at least a year.

If you refused a blood, breath, or urine test after a DUI arrest, you need a skilled Nashville, TN DUI lawyer to represent you. You can still face DUI charges in addition to your charges for refusing the test, even after depriving the state of evidence of your BAC. Our team will do all we can to help you keep your driving privileges while fighting against a DUI or DWI charge.

How You Can be Convicted of DUI After Refusing Testing

If refusing to submit to a chemical test did successfully prevent the officers from obtaining a sample, the state will be missing an important piece of evidence. However, the prosecution can - and will - use your refusal to submit to testing against you in court. The state will likely argue that the reason you refused to submit to a chemical test is because you knew that you would test positive for drugs or have a BAC over 0.08%, or 0.02% if you are under 21 years old. This argument can be very convincing, even if you had other reasons for refusing.

There is also a possibility that the police will obtain a warrant to draw your blood over your objections. If a court issues a warrant, you can be forced to submit to a blood draw against your will. If the results of the blood draw show a BAC over the limit or illicit drugs in your body, refusing testing will have done nothing but lead to additional penalties.

Consequences of Refusing Chemical Testing

Your driver's license will automatically be suspended for one year if it is your first time refusing testing, even if you are ultimately not convicted of DUI. Refusing testing for the second or third time will result in a two-year suspension of your driving privileges. If you refused after a DUI with injury, you will face a three-year suspension. Refusing after a fatal DUI crash will get your license suspended for five years.

If you can show that the police officer who asked you to submit to testing failed to inform you about the consequences of refusing, you may be able to avoid having your license suspended. Most people do not know the consequences of refusing unless they are made aware by a police officer, and you cannot make an informed decision without having all the information.

During the period of suspension, you may qualify for a restricted license. A restricted license allows you to drive for specific and necessary reasons, like getting to school or work, going to doctor's appointments, attending substance abuse treatment, or getting to court. You may also be able to drive with an ignition interlock device after a certain amount of time has passed. This device prevents drunk driving by forcing you to blow into the device before your car starts and at random intervals while you are driving. Having a restricted license can be inconvenient, but is usually preferable to not being able to drive at all.

Contact a Knoxville, TN Lawyer for DUI Test Refusal

The Baker Law Firm can provide legal help for drivers who have declined blood, breath, or urine tests after a DUI arrest. If you need to address issues related to DUI test refusal, contact us at 865-200-4117 for a complimentary consultation.