Nashville DUI Implied Consent
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I am asked quite often, “Can you explain implied consent to me, what does it really mean, do I have to blow? DUI Implied consent in Nashville means; That any person who drives any motor vehicle in the state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic or drug content of that person blood; provided, that such test is administered at the direction of a law enforcement officer having reasonable grounds to believe such person was driving while under the influence of an intoxicant or combination of intoxicants.
In essence the implied consent law is saying that you gave permission when you decided to drive in Tennessee to allow for a sample of your blood alcohol content if an officer has reasonable grounds to believe you are driving under the influence. Reasonable grounds is equated to probable cause according to our courts. So if the officer has probable cause to believe you are driving under the influence he may ask you to submit to chemical tests, and in Tennessee he may ask that you submit to more than one type of test.
Now the next question is should I blow into the breathalyzer, or give blood for the chemical tests to be done on me, first lets state that if you refuse you will be charged with violating the implied consent law, that in essence is a charge that revokes your license for one year, however you may apply for a restricted license to go to work and school. If you blow into the breathalyzer or give blood for a chemical test those results may be used against in a DUI Per Se charge, in a DUI Per Se the state need only show you are at or above the legal limit of .08% BAC, that is all they have to show a jury to try and convict you. Without a chemical test there is no BAC percentage to show the jury, the charge presented to the jury would be a standard DUI charge in Tennessee. There is no double jeopardy issue if you are charged with DUI and DUI Per Se in Tennessee, if you are convicted they will merge for the purpose of sentencing.
Should you have questions regarding a DUI, please feel free to phone the office and we will be pleased to speak with you.
