Driving while under the influence of alcohol or drugs is one of the most serious traffic violations you can commit. If you are found guilty for so-called drunk driving, you are subject to heavy penalties.

If you drive on a public highway in the State of Tennessee, you are subject to the "Implied Consent" Law found in the State Motor Vehicle Code. This means the State assumes that you automatically agree, just by driving, to take a blood, breath, or urine test if your are arrested because the arresting officer believes you are under the influence of alcohol or drugs.

These tests are to determine your blood alcohol or drug level; to find out how much alcohol or drugs are in your bloodstream. The test results may prove whether you presumptively were driving while under the influence of alcohol or drugs.

If you refuse to take the test, you will be subject to a suspension--taking away--of your driver's license. You do not have the right to have your own doctor give you the test at the time of the arrest. (You may request to contact your attorney prior to taking the test; however, the police do not have to wait until you've consulted an attorney before requesting the test.) You do have the right to have a blood or urine test re-checked by a laboratory of your choice at your own expense, but only after you take the test that the police administer.

If you are charged with refusing or failing to take the test, (the trial court may suspend your driving privilege for six(6) months after a hearing on a charge of Violation of Implied Consent.) In a hearing like this, the officer is concerned with two major issues: First, was there reasonable ground to believe that the driver was driving while intoxicated or drugged, and second, did the driver refuse to submit to the test when requested? Of course, there may be other issues in your particular case, and you may want to consult an attorney for advise about such a hearing.

Remember that you are not required by law to take the test, but your refusal to do so may subject you to a suspension of your driver's license. The results can be used against you in a court of law if you are tried on charges of driving while intoxicated, (or should you refuse to take the test that refusal may be used as evidence.) If you have refused to take the test, your license may be suspended even if you are later found innocent of the "Driving While Intoxicated" charge.

Even though an attorney can't be with you at the time of the test or in any way prevent you from having to take it, you may consult an attorney if you feel your rights have been violated in any way.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.