Is it Illegal to Refuse a Breathalyzer in Tennessee?

Direct Answer

In Tennessee, it is not illegal to refuse a breathalyzer, but it can lead to consequences. According to Tennessee Code Annotated 55-10-406, you have the right to refuse a breath test, but your driver’s license will be suspended for one year if you do.

Step-by-Step Guide

If you are pulled over and asked to take a breath test in Tennessee:
1. You will be read the Tennessee Implied Consent Law, which explains your rights and the consequences of refusing the test.
2. If you refuse, the officer will take your license and give you a receipt that serves as a temporary license for 10 days.
3. You have 10 days to request a hearing to contest the suspension.
4. If you do not request a hearing, your license will be suspended for one year.
5. If you are found guilty of DUI, you may face additional penalties, including fines, jail time, and mandatory installation of an ignition interlock device.

Frequently Asked Questions

Q: Can I request a blood test instead of a breath test?
A: Yes, you can request a blood test, but it may not be available at the time of the stop.
Q: Will my insurance rates increase if I refuse a breath test?
A: Possibly, as a refusal can be seen as an admission of guilt by some insurance companies.
Q: Can I get a restricted license if my license is suspended for refusing a breath test?
A: No, in Tennessee, if you refuse a breath test, you are not eligible for a restricted license.
Q: Should I always refuse a breath test if I’ve been drinking?
A: No, it’s best to consult with a lawyer to determine the best course of action for your specific situation.