The concept of implied consent law revolves around the understanding that individuals, by obtaining a driver's license and operating a motor vehicle on Tennessee roads, implicitly agree to submit to chemical tests if lawfully arrested for DUI. In other words, driving on Tennessee roads signifies an agreement to comply with DUI testing when law enforcement deems it necessary.
Implied consent law plays a crucial role in DUI arrests, particularly when it comes to the chemical testing of individuals suspected of driving under the influence. In the state of Tennessee, for example, law enforcement officers have the authority to request a person to submit to a chemical test upon their arrest for suspicion of DUI. This request is made under the assumption that the arrested individual has already given their consent to undergo such testing.
It is important to note that a person's decision to refuse or comply with the chemical test can significantly impact the outcome of their DUI case. When an individual refuses to take the test, they trigger separate consequences under implied consent law.
When an individual refuses to take a breathalyzer test, for instance, they may face consequences, including the suspension of their driver's license. However, this license suspension is not automatic, and a Defendant is entitled to a hearing on this matter. This suspension, which is separate from any subsequent DUI conviction penalties, is solely based on the refusal to submit to testing.
When challenging a DUI charge within the framework of implied consent law, several strategies can be employed. These may include disputing the legality of the initial stop, challenging the accuracy of test results, or questioning the procedures followed during the arrest and testing process.
Consulting with an experienced DUI defense attorney is crucial to understand the best course of action based on the specific details of each case. An attorney skilled in DUI defense can assess the circumstances, navigate the legal complexities, and craft a defense strategy tailored to the client's needs.
Contact Provenzano Law today, and let's start building your defense.