Once arrested for suspected drunk driving, you have already agreed to submit to a chemical test — whether you realize it or not. By applying for and receiving a driver’s license in the state of Tennessee, you have agreed to a test of your breath, blood or urine if ordered by a law enforcement officer.
You technically have the right to refuse a chemical test for suspected DUI, but that decision could come at a steep cost. If you refuse, you will still face arrest and could lose your license for an extended period of time. If you have previously refused a breath test, your loss of driving privileges could last longer.
The penalties for refusing to submit
You may have the right to refuse a chemical test, but per the state’s implied consent law, you could face a suspension of your driver’s license. The varying lengths of the suspension are as follows:
- One year for first offense
- Two years for second offense
- Two years if DUI crash resulted in bodily injury to another person
- Five years if DUI crash resulted in death of another person
Losing your driver’s license is more than a simple inconvenience. It can affect your ability to work, drive your kids around and even make it to the doctor. Fortunately, you may have certain options for challenging your suspension for violation of implied consent laws.
Challenging the suspension
You do not have to simply accept that a license suspension is the only option. Like any other DUI charge or criminal penalty, you are entitled to a defense and have the right to challenge any of the repercussions brought against you. If you wish to challenge the loss of your license, you will have to request a hearing as soon as possible.
Waiting too late to request a hearing could compromise your ability to restore your rights to drive in the near future. Ultimately, you will find great benefit in securing defense help as soon as possible in order to ensure that you have fully explored all of your legal options.
A future at stake
Losing your license can impact various areas of your life. It could affect your career, custody disputes and even your educational opportunities. If you cannot drive, you have suffered a significant reduction in your personal freedom. Do not underestimate the serious nature of an implied consent license suspension. You may find it useful to learn how you can protect your future and your right to drive.
