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. Don’t take the test! That potentially gives the cop evidence that can --and will-- be used against you. 

But you probably have heard that refusing a breathalyzer test equals an automatic license suspension in the state of Tennessee. So what can you even do?

You’re going to follow the advice listed in this story. It’ll help determine the outcome of a possible DUI charge.

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. 

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; just breathe into it and it’ll give you the results shortly. 

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. If you have a CDL, that limit drops to 0.04%. 

Some other tests the cop may have you perform are the one-leg stand, backward counting, walk and turn, and more. 

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

However, breathalyzer tests fall into the category of Tennessee’s implied consent laws. 

What You Need to Know About Implied Consent Laws in Tennessee

Like I said earlier, refusing a breath test may result in you getting your license suspended.

But in Tennessee, this only applies if you refuse a cop’s breath test and they have a warrant. 

Implied consent laws say that if you take a breath test to find your BAC, you consented to it. Unlike other states, Tennessee’s implied consent laws don’t count blood tests. So if you refuse a breath test, you can only get penalized for refusing if the cop has a warrant.

For this fact alone, you should refuse a breathalyzer when presented with it.

Why Should I Refuse a Breathalyzer Test?

“Shouldn’t I take a test to prove I have nothing to hide?” NO!

Again, do not give the police ANYTHING that can be used against you in court.

For as long as you live in Tennessee, you are NEVER required to take a breath test. The only time you are legally required to is when the cop has probable cause or a warrant to request one from you.

Hot tip: you don’t decide what is or isn’t probable cause. Talk to your lawyer and let them figure that out.

Reasonable Suspicion vs Probable Cause

These are two terms that, in this scenario, can easily get mixed up. It all comes down to speculation vs proof. 

An example of probable cause to breathalyze you: You injure someone or damage something. This is reason enough for the cop to inspect the cause of your accident; in this case, they're going to try and legally make you take a breathalyzer test.

An example of reasonable suspicion:  is if you’re driving very abnormally: drifting in between lanes, almost hitting other cars or objects, illegal turns, or random stops on the road. None of these are proof that you’re driving drunk, but it’s enough for a cop to pull you over and question you. A breath test would NOT be legally required here.

What Happens if You Refuse a Breathalyzer Test in Tennessee?

Remember: DO NOT breathe into that dopey breathalyzer until you've spoken to your lawyer AND the cop has a warrant with probable cause. If the cop does have this and you still refuse a test, that will come with punishment.

In court, the cop will act like you were trying to hide intoxication --even though they can’t prove it-- but a good lawyer will trash that. 

Heads up -- you may be looking at license suspension, which sucks.

But you know what sucks more? Blowing into a faulty breathalyzer test that says you're way further over the limit than you actually are, or providing evidence that can be used against you in court.

You’ll have yours suspended for a whole year if you haven’t had any prior DUI convictions within the last ten years. If you do have previous DUI convictions, your license will be suspended for two years instead. 

If not being able to drive will cause you a bunch of issues, you can apply for a restricted license. In Tennessee, you’ll get one of two restricted licenses: one lets you drive but only within certain geographic areas, and the other involves you driving with an ignition interlock device attached to your car.

To get a restricted license, you need to get a certified order signed by the court that gave you the DUI charge. Take this, $67, and proof of insurance to the DMV to get your restricted license. 

Once you get it, you can only drive to work, school, get medicines, appointments, and church. But if you have the restriction license with the ignition device, you can drive anywhere at any time.

How to Refuse a Breathalyzer Test

When you get pulled over, the cop will ask you a few questions. Don’t lie, ever! Be honest in everything you answer with. (But don’t provide tons of information either.)

If you’re asked to take a breath test, say “Sure, I’ll take a test once my lawyer is present.”

Situations like this are stressful! Just remain cool, calm, and collected because you’re going to  be on camera.

Remember: without probable cause, breath tests are VOLUNTARY. So don’t take one without a lawyer by your side helping you out. 

Call me and my team right away at 865-259-0999. We’re always ready to get you through tough spots like this.