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The Garza Law Firm, PLLC defends Tennessee Driving Under the Influence and Tennessee Boating Under the Influence charges, as well as other Personal Injury and Criminal Defense cases, across the State of Tennessee. The Garza Law Firm serves the following cities and counties, including but not limited to: • Alcoa • Anderson County • Athens • Blount County • Bradley County • Campbell County • Chattanooga • Claiborne County • Cleveland • Clinton • Cocke County • Cookeville • Crossville • Cumberland County • Dandridge • Englewood • Etowah • Gatlinburg • Grainger County • Greene County • Greeneville • Hamblen County • Hamilton County • Hancock County • Harriman • Hawkins County • Jefferson City • Jefferson County • Johnson City • Knoxville • Knox County • Lenoir City • Loudon County • Madisonville • Marion County • Maryville • Maynardville • McMinn County • Meigs County • Monroe County• Morgan County • Morristown • New Market • Newport • New Tazewell • Oak Ridge • Oliver Springs • Overton County • Pigeon Forge • Polk County • Putnam County • Rhea County • Roane County • Rutledge • Scott County • Sequatchie County • Sevier County • Sevierville • Sullivan County • Sweetwater • Tazewell • Tellico Plains • Unicoi County • Union County • Vonore • Wartburg • Washington County
Tennessee Violation of Implied Consent (Refusal to Provide a Blood, Breath or Urine Test)
Tennessee drivers are deemed by law to have consented to provide a blood, breath
or urine test upon request by an officer whenever suspecting of driving under the
influence in Tennessee. One common misconception among many potential clients is
that they will automatically lose their driver’s license if he or she refused to
give a chemical test. This is often NOT true. Tennessee DUI law requires that the
officer place the driver under arrest and find that there are reasonable grounds
to believe that the driver is driving under the influence or impaired by alcohol
or other drug. However, if found guilty, the court shall revoke the license of the
driver for a period of:
(i) One (1) year, if the person does not have a prior conviction for a violation
of driving under the influence, vehicular homicide, aggravated vehicular homicide,
vehicular assault, or adult driving while impaired, in Tennessee, or, or a similar
offense in any other state;
(ii) Two (2) years, if the person does have a prior conviction for an offense set
out in above;
(iii) Two (2) years, if the court finds that the driver of a motor vehicle involved
in an accident, in which one (1) or more persons suffered serious bodily injury,
violated the implied consent law by refusing to submit to a chemical test or tests;
and
(iv) Five (5) years, if the court finds that the driver of a motor vehicle involved
in an accident in which one (1) or more persons are killed, violated the implied
consent law by refusing to submit to such a test or tests.
In addition to the consequences above, if the court or jury finds that the driver violated the implied consent law while driving on a license that was revoked, suspended or cancelled because of a conviction for vehicular assault, vehicular homicide, aggravated vehicular homicide, or driving under the influence of an intoxicant or DUI, the driver commits a Class A misdemeanor and shall be fined not more than one thousand dollars ($1,000), and shall be sentenced to a minimum mandatory jail or workhouse sentence of five (5) days, which shall be served consecutively, day for day, and which sentence cannot be suspended.
If you have been charged with a Tennessee Violation of Implied Consent or other charge related to driving under the influence in Tennessee, please contact us toll free as soon as possible at 888-DUI-CALL (888-384-2255). There are possible defenses to Tennessee Implied Consent law and the best results are most often achieved when you involve a Tennessee DUI lawyer early in the judicial process. Call The Garza Law Firm today. The phone call is free and your first appointment is free.
“I’m so grateful for Mr. Garza's help. He was absolutely wonderful during the whole process, kept me informed and always returned my calls right away. I would recommend him to anyone for any criminal or car wreck case.”