Refusing a Breathalyzer in Tennessee: What You Need to Know

Direct Answer

If you refuse a breathalyzer in Tennessee, your license will be revoked for 1 year for a first-time offense, and the revocation is effective immediately.

Step-by-Step Guide

Here’s what happens when you refuse a breathalyzer in Tennessee:
1. **The officer will inform you of the consequences**: Before administering the test, the officer will explain that refusing the test will result in a 1-year license revocation.
2. **You refuse the test**: If you still refuse to take the test, the officer will take your license and issue a temporary permit.
3. **A formal hearing is scheduled**: You have the right to a hearing within 5 days of the refusal to contest the revocation.
4. **The revocation is reviewed**: At the hearing, a judge will review the case and determine if the revocation is upheld or overturned.

Frequently Asked Questions

1. **Q: Can I get a restricted license if I refuse a breathalyzer?**
A: No, if you refuse a breathalyzer, you are not eligible for a restricted license.
2. **Q: Will I be charged with a crime if I refuse a breathalyzer?**
A: Refusing a breathalyzer is a civil offense, but you may still be charged with a DUI if there is other evidence.
3. **Q: How long does the license revocation last?**
A: The license revocation for refusing a breathalyzer in Tennessee lasts for 1 year.
4. **Q: Can I appeal the license revocation?**
A: Yes, you can appeal the license revocation to the circuit court within 10 days of the hearing.