May 15, 2012

Implied Consent Law in Tennessee

In Tennessee and in many other states across the country when drivers get behind the wheel when they have been drinking or doing drugs, they endanger not only themselves but the other drivers on the road as well. A certain law known as the implied consent law means that when a driver operates a vehicle in a state with this law, they have given implied consent to be subject to a chemical test if they have been driving under the influence. If you have questions about how this law applies to your case and just want to know more, then you should speak to a Tennessee DUI lawyer right away. They will help answer any questions you may have about this law and whether or not it applies to your case.

According to National DUI laws, it is believed that revoking an offender’s driving privileges keeps the offender from driving and that it is effective. However, many times revoking a person’s driving privileges only means that the person can no longer drive legally. As a result of this, many states, including Tennessee have started license suspension programs for failing a chemical test and for refusing to take a test.

This implied consent law though may be in violation of the Fourth and Fifth Amendment to Constitution because the Fourth Amendment says that, the right of the people to be secure against unreasonable searches and seizures, shall not be violated,” and the Fifth Amendment says that, no person . . . shall be compelled in any criminal case to be a witness against himself." However, some states, including Tennessee, have made refusing to take a blood test a misdemeanor because the privilege of the Fourth and Fifth Amendments only protects an offender from being compelled to testify against themselves or provide the state with evidence and the blood test and analysis of it in a DUI case does not involve compulsion according to these Amendments.

If you or someone you know has a DUI case and you are wondering how this implied consent law may apply to you or your case or you just have concerns about it, we recommend that you contact Tennessee DUI attorney Don Himmelberg for a free consultation. He will work with you and help to answer any questions you may about your DUI case.