Law Offices Of
James A.H. Bell, P.C.
Knoxville, TN DUI Defense Lawyer
Tennessee Criminal Defense Attorney
Disclaimer: The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship. Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction. If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.
The Law Offices Of James A.H. Bell , P.C. represents clients in the cities and counties of Athens | Chattanooga | Cleveland | Cookeville | Crossville | Gatlinburg | Greeneville | Jefferson City | Kingston | Knoxville | Maynardville | Memphis | Nashville | Newport | Pigeon Forge Sevierville and the tri-cities of Kingsport | Johnson City and Bristol | Knox County | Anderson County | Bledsoe County | Blount County | Bradley County | Campbell County | Carter County | Claiborne County | Cocke County | Cumberland County | Davidson County | Franklin County | Fentress County | Grainger County | Greene County | Hamblen County | Hamilton County | Jefferson County | Johnson County | Loudon County | McMinn County | Marion County | Meigs County | Morgan County | Polk County | Putnam County | Rhea County | Roane County | Scott County | Sequatchie County | Sevier County | Union County | Warren County | Washington County.
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In Tennessee, any person that drives a motor vehicle on the road is considered to have impliedly agreed to have samples of their blood or breath take. Regardless of whether you were aware of this law, it is applicable to all drivers. Therefore, when a motorist refuses to provide a sample of their blood or breath when arrested for DUI or DWI, they violate the Tennessee implied consent law. Tennessee Code makes it “unlawful” for an individual who is charged with a DUI or Underage DWI to refuse to provide samples of his or her blood or breath, or both blood and breath, taken. If a driver accused of DUI, DWI, or any other driving under the influence offence voluntarily takes the breath test, the BAC results may be used against the driver at trial.
Police officers typically charge motorists who refuse tests with DUI ("Driving under the influence"). The prosecution will attempt to prove the DWI / DUI without having the advantage of a breath or blood test. Furthermore there is no requirement that the prosecutor has to use such a test to prove their case. Instead, they will and can rely on any FST's ("field sobriety tests") conducted on the side of the road, driving patterns, conversation between the driver, and the officer they will also use the police officer's testimony concerning general observations about the driver (such as his or her demeanour, motor skills, balance, speech, etc.).
In the State of Tennessee the prosecutor is authorized to use a refusal to submit to a breath test as evidence in the criminal court case. A skilled Tennessee DUI defense attorney will be needed to file a challenge to the alleged test refusal in order to keep the individuals drivers license from being revoked, as well at trial to rebut the argument of "implied consent" because there may be valid reasons why an innocent motorist might refuse to submit to or complete a chemical test.
Call for a free consultation today if you have been charged with DWI/DUI/drunk driving offence in Knox County or East Tennessee.