Asked in DUI / DWI for Tennessee

Q: I live in TN and was arrested for DUI first offense, and agreed to have a blood test to check for intoxicants. I was

Taken to an ambulance service where 2 EMTs both stuck me one time each, and were both unsuccessful with obtaining my blood. Will this be used against me somehow as possibly violation of the Implied Consent law? I don’t see how it could be considering I did not refuse, and voluntarily agreed to test

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: The DA will probably claim you refused the Test, which you should have. But you can contest that administrative suspension of your TNDL, and might be successful. Were you even charged with Implied Consent? Hire a competent attorney for a thorough Preliminary Examination now.

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