Do I Have the Right to Call My Lawyer Before Taking a Breath or Blood Test?
A DUI comes with severe penalties. With a conviction heavily based upon chemical testing, you may feel the urge to call your attorney the next time a police officer pulls you over. But do you have the right to refuse testing?
In this article, our TN DUI defense lawyers discuss Tennessee laws regarding driving under the influence, penalties, and your rights.
Illegal Blood Alcohol Level in Tennessee
In all 50 states, it is illegal to operate a vehicle while under the influence of alcohol and/or drugs. In Tennessee, anyone operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher is deemed to be driving intoxicated.
If you are driving a commercial vehicle, the legal limit is cut in half, with motorists considered impaired with a BAC of 0.04 percent. If you are under the age of 21, you are not permitted to have any detectable alcohol level in your blood while operating a motor vehicle.
DUI Penalties
If you fail a blood alcohol test and are a first-time offender, this is a Class A misdemeanor in Tennessee. Penalties under the law include the following:
- 48 hours to 11 months, 29 days in jail
- $350-$1,500 fine
- One-year license revocation with a restricted license available
- Participation in an alcohol and drug treatment program (court-imposed)
- Installation of an ignition interlock device in your car
- Restitution to anyone who suffered personal injury or losses as a result of your DUI
- If you were driving a child under the age of 18, you would be charged an additional $1,000 fine. This does not include the initial DUI fine.
Implied Consent Law
If you are driving in Tennessee, you automatically consent to a breath or blood test. Under the state’s implied consent law, you do not have the right to refuse chemical testing. If you do, your license will be suspended for one year. This applies if it is your first DUI offense. If it is your second offense, your license will be suspended for two years. The penalties increase with each subsequent offense.
If there is a crash that results in bodily injury, your license will be suspended for two years. If your crash resulted in anyone’s death, your license will be suspended for five years.
Right to Attorney
Under the Sixth Amendment, criminal defendants are given the right to counsel. This applies if you are being questioned at the police station and are not free to go (known as custodial interrogation). Additionally, you have the right to an attorney to represent you at trial.
Unfortunately, this right does not extend to taking a blood, breath, or urine test following a DUI arrest. In other words, you are not entitled to consult with an attorney before deciding whether to agree to a sample. Under the implied consent law, you are essentially agreeing to provide a sample upon request from an officer. Unless the officer obtains a search warrant you are allowed to refuse, but then you risk losing your license for a year.
Tenacious Representation for DUI Charges in Tennessee
If you have been charged with a DUI, you need reliable and persistent representation. At Raybin & Weissman, P.C., our TN DUI lawyers will not stop fighting until we obtain the best possible outcome in your given situation. To get started, contact us by calling 615-256-6666 or by completing our online form.