Tennessee’s DUI Implied Consent Laws and Refusing a Blood or Breath Test

As part of a DUI investigation, it's common for an officer to ask the driver to take a breath or blood alcohol test. The purpose of these tests is to determine the amount of alcohol or drugs in the driver's system. To prove a DUI in court, it's often important for the prosecution to precisely show the driver's blood alcohol concentration (BAC) or the concentration of drugs in the driver's blood.

This article gives an overview of Tennessee's requirements for a driver to submit to DUI chemical testing and the consequences of an unlawful refusal.

Tennessee's DUI Implied Consent Law

Tennessee's implied consent law specifies that any person who operates a vehicle within the state is deemed to have consented to a breath test to determine the driver's BAC. However, the requirement to submit to testing is triggered only if the officer has probable cause to believe the driver was operating a vehicle while intoxicated. (Tenn. Code § 55-10-406 (2025).)

Unlike the laws of many other states, Tennessee's implied consent law doesn't extend to blood tests. An officer can ask a driver to take a blood test. But generally, a driver can't be penalized for refusing unless the officer has a warrant or there are exigent (urgent) circumstances that excuse the warrant requirement. In other words, if an officer has a valid search warrant or exigent circumstances, a motorist's refusal to allow a blood test will result in the civil penalties discussed below. (Tenn. Code § 55-10-406 (2025).)

Consequences of Refusing a Breathalyzer Test in Tennessee

The consequences of refusing a chemical test depend on the circumstances, including the driver's history.

Refusing a Breathalyzer Will Lead to License Suspension in Tennessee

Refusal of a lawfully requested BAC test isn't considered a criminal offense or sentenced as such. Instead, a refusal is a civil offense penalized by license suspension.

There's a 1-year license suspension if the driver has no DUI convictions that occurred within the past 10 years. And if the driver does have priors within the past 10 years, the suspension for a refusal will be 2 years. Beginning in January 2026, a person with no prior record who refuses a blood test will receive a suspension of 1 year and 6 months. Depending on the circumstances, a refusal suspension might run consecutively to any suspension imposed for a DUI conviction. (Tenn. Code § 55-10-407, amended by 2025 Tenn. Pub. Acts 403 (2025).)

Getting a Restricted License Following a Refusal Suspension

Drivers who have their license suspended for a refusal may be eligible for a temporary restricted license that allows driving only for certain purposes like work, school, and treatment. But the court may also order the driver to install and use an ignition interlock device (IID) as a condition of the restricted license. (Tenn. Code § 55-10-409 (2025).)

Prosecutors Can Use a Refusal Against a Driver at Trial

It might be more difficult for a prosecutor to prove a DUI without a valid chemical test. However, the fact that a driver refused to submit to testing can be used as evidence of guilt at a DUI trial. While refusal doesn't exactly prove intoxication, prosecutors often argue that a refusal is indicative that the person was trying to hide intoxication. (State v. Frasier, 914 S.W.2d 467 (Tenn. 1996).)

Getting Help From an Attorney

If you've been arrested or cited for refusing a chemical test in Tennessee, it's a good idea to get in touch with a DUI lawyer. DUI law is complicated, and every case is different. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action.