Tennessee Blood Test Consent and Release Form
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FAQ
Refusing a blood test Implied consent laws are in effect in Tennessee, which requires individuals to submit to a blood test if charged with a DUI. While, by law, you are required to submit to these tests, law enforcement officers cannot physically force you to do so.
Drivers arrested for DUI do have the right to refuse a breath or a blood test. In Tennessee, a driver may not be forced to take a breath or blood test unless a search warrant is obtained or exigent circumstance exists.
Implied consent is an assumption of permission to do something that is inferred from an individual's actions rather than explicitly provided.
The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood or breath) to determine the drug or alcohol content of the person's blood.
State law also provides that an individual can refuse to submit to a chemical test, unless certain circumstances are present. However, as a result of refusal, the motorist could be subject to license suspension, and in some instances, criminal prosecution.
Violating the implied consent law in Tennessee is a civil offense, not a criminal offense. The penalty for violating the implied consent law is loss of your driver's license for one year.
