What happens if you refuse a breathalyzer in Tennessee?

So here’s the scene:

You just wrapped up a fun night with your pals. You all went to a bar to watch the game, chowed on some juicy burgers, and a nice, cold drink (maybe a beer). 

Some of the adrenaline is still in you as you go home. But as you’re driving, you see police lights flashing behind you. So you pull to the side and roll the windows down as the cop approaches you.

Then the cop thinks you’ve been drinking and pull out their breathalyzer. This is what they call a PBT (preliminary breath test). In Tennessee, there are zero consequences for refusing a PBT.

Once arrested, you may be read an implied consent for and ask to submit to a chemical breath test. This is called an intoxilyzer. If you refuse the intoxilyzer, you can be charged with implied consent. Something to note about implied consent, it is NOT a criminal charge. In Tennessee, it is a civil penalty.

First off…What’s a Breathalyzer Test?

Breathalyzers --AKA alcohol breath tests-- test how much alcohol is in your bloodstream by measuring the amount of alcohol in the air you breathe out. The more alcohol you’ve been drinking, the higher your blood alcohol content (BAC) will be. There is a difference between the hand-held breathalyzer (PBT) and the Intoxilyzer. Both machines require certain procedures to be met before the machine can be used. If the officer does not follow these procedures or if the machine is not maintained correctly, your BAC can be suppressed.

The test works in one of two ways. One way is with a balloon: you blow it up and release the air into a tube with crystals that change color based on your BAC. The other is with an electronic alcohol meter.

If you have a BAC of 0.08% in Tennessee and many other states, you’re gonna get arrested for being legally drunk and driving. Sidenote, many people who blow under a 0.08% are often still arrested.

Some other tests the cop may have you perform are the one-leg stand, walk and turn, and Horizontal Gaze NNystagmus. 

Law enforcement takes drunk driving seriously. In 2020, The National Highway Traffic Safety Administration recorded 11,654 deaths as a result of drunk driving. 

What You Need to Know About Implied Consent Laws in Tennessee

Like I said earlier, refusing the PBT will not result in your license being suspended. If you are arrested, the officer should read you an implied consent form. Once the form is read, the officer may ask you to submit to an intoxilyzer. This may happen even if you have already blew into the PBT. If the intoxilyzer is refused, that is when you can be charged with implied consent.

In Tennessee, if you refuse the breath or blood chemical test, an officer may get a warrant for your blood. If your blood is taken pursuant to a search warrant, you SHOULD NOT be charged with implied consent even if you had initially refused. However, the officer may not know the current case law and still try to charge you with violating the implied consent law.  

Why Should I Refuse a Breathalyzer Test?

The decision is yours, but we never recommend people giving the police evidence that can be used against them. We have had several clients over the years who had not consumed any alcohol, but the Intoxilyzer gave a reading over 0.08%. Many police agencies are not trained properly on how to use or maintain the machines. Many foods will also cause the machine to register alcohol.

What Happens if You Refuse a Breathalyzer Test in Tennessee?

If the officer has read you the implied consent form and has asked for you to submit to a chemical breath test, you most likely have already been arrested. Once you refused, the officer may or may not get a warrant. If the officer does not get a warrant, you will be charged with implied consent. This does not mean you will automatically lose your license. A judge must find probable cause that you were driving intoxicated before your license will be suspended. At the hearing, your lawyer will be able to cross examine the officer and call witnesses on your behalf.

How to Refuse a Breathalyzer Test

Refusing any breath test is just like refusing the field sobriety test. Less words is always better. Be polite, respectful, never admit to drinking, never admit to taking prescription medication, and simply tell the officer you decline all test…. Then shut up!

Call me and my team right away at 865-378-7779. We’re always ready to get you through tough spots like this.