charges, convictions, & defenses
Implied Consent
Under Tennessee law, when an officer pulls someone over for suspected drunk driving, he or she may ask the individual to submit to a blood or breath test. Based on the results of the test, the officer may arrest and charge the individual with DUI. DUI convictions have severe punishments and life-altering consequences.
Collins Legal’s DUI defense team is well-versed in this field. We help our clients be part of the statistic that learns from their mistake and never reoffends. A better tomorrow is a safer tomorrow.
DUI Defense Expectations
What to Expect
Being charged with a DUI is life-altering. It is a set-back that no one can afford to take lightly. Collins Legal’s DUI defense team has two priorities for all DUI clients.
- Dispose of the charge.
- Give clients the confidence to move forward with life.
Important Information To Know
Implied Consent
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Implied Consent: Under Tennessee law, any individual operating a vehicle in the state is required to take a blood or breath alcohol test should the officer have probable cause to believe the driver is operating the vehicle while under the influence of drugs or alcohol.
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The blood or breath alcohol test evaluates the Blood Alcohol Concentration (BAC) in a person’s body. The test results indicate whether or not the driver was operating the vehicle at or above the legal limit.
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In Tennessee, a person is presumed intoxicated when their blood or breath alcohol consumption [BAC] rate is 0.08%. Consequently, when an officer tests a person’s blood or breath for intoxication and the test results are equal to or above 0.08%, the officer has the authority to arrest and charge an individual with DUI. Just because the test results indicate an individual’s BAC was 0.08% or higher at the time of arrest, does not mean the person is guilty of DUI.
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The BAC blood and breath tests are not foolproof. A flaw or error can occur at any point during the administration of the BAC test or with the test itself. Should no error or flaw occur, a DUI conviction is more likely to occur.
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Our defense strategy is formulated based on the events, facts and evidence surrounding the DUI arrest.
- We look into the arresting officer’s conduct and determine if the said officer followed proper protocol.
- We look at whether the blood test and/or breath test were obtained in a constitutional manner.
- We investigate the blood test and/or breath test results chain of custody.
automatic penalties
Automatic Penalties for Refusing
the Blood or Breath Alcohol Tests
If you are arrested, the officer may advise you that your license will be suspended. If this is your first offense, then your license may only be suspended for one year. If there are additional circumstances, such as if you were driving with an already suspended or revoked license, or if another person sustained serious injuries or were killed as a result, your license may be suspended for more than a year.
The driver’s license suspension penalties for refusing to submit to the blood or breath alcohol test are provided below.
- 1st Offense: 1 year license suspension
- 2nd Offense: 2 year license suspension
- 3rd Offense: 3 year license suspension
Other penalties to consider are if the offender is convicted of DUI in addition to an Implied Consent, the individual could face a host of other criminal penalties. These include, but are not limited to: a jail sentence, hefty fines, and participation in an alcohol education program. All penalties are enhanced if someone is killed or injured.
