Knoxville DUI Attorney, Knox County DUI Lawyer and TN Criminal Defense Attorneys
A knowledgeable Knoxville DUI attorney and implied consent lawyer in Tennessee will search for a plethora of issues throughout every stage of the investigation that could lead to an illegal stop, arrest, or seizure, or a lack of probable cause. The Law Offices of James A.H. Bell, the Knoxville DUI attorneys, will attempt to prevent some evidence from being admitted in court. For example, under the implied consent statute, the officer might not have had sufficient justification to ask for a blood or breath sample.
All 50 states have laws pertaining to implied consent, which stipulate that drivers using public transportation have consented to be tested for blood alcohol content (BAC) if a law enforcement official has reasonable suspicion that they are operating a vehicle while intoxicated. The officer has the option to administer a breathalyzer, blood test, or urine test. While blood and urine tests can only be done at a hospital or detention center, breath tests can be done anywhere.
Negotiating a test for another is not allowed. The accused has the right to request an independent test of their choosing following the completion of the chemical substance test. Tennessee law permits this right.
The police officer will provide no or limited assistance in helping the defendant get the independent test done. The test by the defense will be done at the jail and performed without delay. A person charged with a Tennessee implied consent violation should contact a skilled Tennessee DUI lawyer as quickly as possible for the independent test, or the evidence will disappear. Additionally, the defendant isn’t permitted to consult with a lawyer prior to law enforcement testing until they come to a decision whether or not to submit to a chemical test.
A Tennessee DUI Charge Requires a Well-Prepared defense to Fight and Win.
The Tennessee Implied Consent Law considers that a driver automatically consents to chemical testing through the issuance of a license to operate a motor-driven vehicle. The tests are performed to find out if the defendant has any drugs or alcohol in their system, These tests can be performed on their breath, blood, or urine.
The law enforcement officer may request the suspect’s blood, breath, or urine if they have sufficient evidence that the person was operating a vehicle while under the influence.
If the defendant is requested to submit to any chemical test, they may choose not to; however, in most situations, this will result in the revocation of their driver’s license. If a sample is not provided, there might be criminal repercussions.
Even if the defendant wins the driving under the influence case, they still run the risk of losing and being found guilty of an implied consent violation. The defendant’s driving privileges will typically be revoked as a result, but in certain rare situations, mandatory jail time may result.
Aggressive and Dedicated Lawyers for all DUI Charges in Tennessee
In Implied Consent Violations, the fees and penalties differ from one case to another and will depend on related facts and the circumstances. The easiest way to deal with an implied consent charge in East Tennessee or Knoxville is to seek the advice of a skilled Tennessee DUI defense attorney. Contact us and set up a free consultation with the experienced Knoxville, TN, DUI attorneys at the Law Offices of James A.H. Bell to discuss the specifics of your implied consent violation.
