Can I Refuse a Breathalyzer Test in Tennessee?

Written By Elizabeth Kelley

If you’re pulled over and suspected of DUI in Tennessee, you may wonder: Can I refuse to take a breathalyzer test? The short answer: Yes, you can — but there are serious consequences.

1. Implied Consent Law in Tennessee

When you drive on Tennessee roads, you automatically consent to chemical testing (breath, blood, or urine) if law enforcement has reasonable grounds to believe you are impaired.

This is known as implied consent.

2. What Happens If You Refuse?

Refusing a breathalyzer test does not automatically prevent a DUI charge — and it carries separate penalties:

  • Automatic driver’s license suspension
    (typically 1 year for a first refusal)

  • Use of refusal against you in court

  • Possible additional criminal charges (in certain cases, like accidents with injury)

3. Is Refusing Ever a Good Idea?

It depends. In some cases, refusing a test may limit the prosecution's evidence. But the automatic license suspension — and how jurors view refusal — must be carefully considered.

Every case is unique. It’s critical to talk to an experienced DUI defense lawyer as soon as possible after an arrest.

4. Fighting Refusal Penalties

At Jacob Wilson Law, we fight implied consent violations by challenging:

  • Whether police had proper grounds to request testing

  • Whether the request was properly made

  • Whether you were advised of your rights clearly

You have defenses — and we know how to find them.

Arrested for DUI or Refusing a Breath Test? Contact Us.

A refusal charge can complicate your DUI case — but it’s not the end of the story.
Jacob Wilson Law is ready to fight for your rights and your future.

Book a free consultation
Elizabeth Kelley
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