Antioch, TN asked in Criminal Law for Tennessee

Q: If I refuse a portable breathalyzer test can I still be charged with implied consent?

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2 Lawyer Answers
Shanone Emmack
Shanone Emmack
Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: Yes, you can be charged with implied consent which can result in you losing your license for a year. However, there is case law on implied consent and if you actually performed a breathalyzer test then you can likely get it dismissed. I'm sure there are more facts to your case. It is important that you hire an attorney to discuss your case and get the best outcome.

Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: That is the usual reason for the charge of Implied Consent. But a Defendant is always better off not giving Evidence against himself even if he loses the License. It is alot better than possibly giving strong Evidence of Impaired Driving. And it can be alot cheaper and quicker to get your License back than after a DUI.

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