Tennessee DUI Defense Attorney
Memphis Criminal Defense Lawyer
The doctrine of implied consent in Tennessee states that any person who operates a motor vehicle has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of their blood. This means that the police do not have to ask you to submit to these tests, you automatically grant them the right to administer them.
If you do not cooperate, you may be subject to other penalties. If you are charged with DUI in Tennessee, and you refuse to submit to a blood, breath or urine test to determine blood alcohol content, you will also be charged with refusal to submit in violation of the implied consent law. If you need help dealing with your decision to refuse to submit to these tests, contact me today to schedule a free consultation to discuss your legal needs.
Implied consent is technically not a criminal offense, it is actually a civil forfeiture where:
- The penalty is loss of license for at least one year
- There is no jail time or fine
This means that even if you are not convicted of DUI, you will likely be found in violation of implied consent and lose your license.
At the law office of Patrick E. Stegall, Counselor and Attorney at Law, I can help you analyze whether the police used their authority properly. If the police officer has reasonable grounds to believe the person is driving under the influence, he or she may request that you grant implied consent, but in instances where the officer did not ask, his or her actions may not be valid. As your DUI lawyer, I can help challenge these instances to have the charges reduced or dismissed.
Contact the Office of Patrick Stegall
Schedule an appointment to consult with my office free of charge to discuss your criminal defense needs.