Many drivers assume that refusing a breath or blood test will keep a DUI case from going anywhere. In Tennessee, it usually creates a second problem instead. At Turnbow Law, we often meet clients in Wilson, Sumner, and Davidson counties who are surprised to learn that a refusal carries its own penalties. Here are seven consequences of refusing under Tennessee’s implied consent law, followed by five Middle Tennessee attorneys you can contact.
What happens if you refuse a chemical test in Tennessee?
1. Will you lose your license for refusing?
Yes. Under Tenn. Code Ann. 55-10-406 and 55-10-407, a driver who refuses a breath or blood test after a lawful DUI arrest faces a one-year license revocation for a first violation, according to the Tennessee Department of Safety and Homeland Security. Implied consent means that by driving on Tennessee roads, you’ve already agreed to chemical testing if an officer has probable cause for a DUI arrest. The officer must warn you of the consequences before you decide.
2. Can the revocation be longer than a year?
It can. The revocation rises to two years if you have a prior conviction for DUI or certain vehicular offenses, two years if the crash caused serious bodily injury, and five years if someone died. These are civil penalties that a judge typically decides at your first appearance or preliminary hearing.
3. Can the refusal revocation stack on top of a DUI revocation?
Sometimes. A first DUI conviction carries its own one-year revocation. Depending on your recent driving record, the court can order the refusal revocation to run consecutively, meaning back to back, rather than at the same time.
4. Can refusing be a crime by itself?
Yes, in some cases. If your license is already revoked or suspended because of a prior DUI, refusing a test can be charged as a Class A misdemeanor, carrying up to 11 months and 29 days in jail.
5. Can the police still get your blood after you refuse?
Often, yes. Officers can apply for a search warrant to draw blood, so a refusal may only delay the test while adding the penalties above.
6. Can a refusal be used against you in court?
Yes. Tennessee law allows the prosecution to tell the judge or jury that you refused, and prosecutors often argue it shows you expected to fail. The refusal doesn’t prove impairment, but it becomes part of the story.
7. Will you need an ignition interlock to drive?
Possibly. A restricted license may be available during a refusal revocation, but an ignition interlock device, a breath-testing unit wired to your car’s ignition, is required in many situations, including a refusal combined with a prior conviction. You pay the installation and monthly monitoring costs.
Does refusing stop the DUI charge?
No. The state can still prosecute the DUI using the officer’s observations, field sobriety tests, video, and any blood result obtained by warrant. You may end up defending two cases instead of one.
Who can help with an implied consent charge in Middle Tennessee?
- Turnbow Law (Chad Turnbow, Esq.)
- Tyler Stanfield, Lannom & Williams
- Randi L. Crawford
- Christopher V. Boiano
- John Chadwick Long
1. Turnbow Law (Chad Turnbow, Esq.)
Turnbow Law is a Mt. Juliet criminal defense practice led by attorney Chad Turnbow, Esq. The firm represents people facing DUI, implied consent, and other misdemeanor and felony charges across Middle Tennessee, including Lebanon, Gallatin, Hendersonville, Portland, and Nashville. Its practice also covers drug charges, domestic violence, assault, theft, probation violations, and juvenile cases.
For a refusal case, that can include reviewing whether the arrest was lawful, whether you received the required warning, and whether a restricted license is an option. Every case depends on its own facts, and prior results don’t guarantee a similar outcome.
2. Tyler Stanfield, Lannom & Williams
Tyler Stanfield practices with Lannom & Williams in the Lebanon and Wilson County area.
3. Randi L. Crawford
Randi L. Crawford is an attorney serving the Hermitage, Donelson, and Madison area.
4. Christopher V. Boiano
Christopher V. Boiano is an attorney practicing in the Hendersonville area.
5. John Chadwick Long
John Chadwick Long is an attorney practicing in the Gallatin and Goodlettsville area.
Think past the roadside
A refusal can feel like protection in the moment, but in Tennessee it often adds a longer license loss, a possible criminal charge, and evidence the state can use at trial. If you’ve already refused, the timeline moves quickly because the revocation is usually decided early in the case. Talk with a DUI defense attorney before your first court date.
