In the United States, it is against the law to operate any vehicle while under the influence of alcohol or drugs. When it comes to driving under the influence of alcohol, the legal limit is defined by a blood alcohol concentration (BAC) of 0.08 percent.
In order to charge people with driving under the influence of alcohol, their BAC must be measured. While this is best done with a blood test or urine test, this is not practical when timing is critical and tests need to be done on the field. This is why Breathalyzer tests are used. While Breathalyzer tests are not as reliable as other forms of testing, they quickly analyze a person’s saliva.
When drivers are pulled over and asked to perform a Breathalyzer test by law enforcement officers, there are many reasons why they may decide to refuse. The fear that they may blow over the limit might make them decide that they would rather the law enforcement officers not know the true value of their BAC.
Their belief that the method of testing is faulty might make them worried that the test would produce an unreliable test and that they will get falsely charged. They might think that the test is an invasion of their privacy. If you have refused a breathalyzer test in the state of Tennessee, here’s what you need to know about where the law stands.
The law of implied consent
As a driver on the roads of the United States, you have been allowed certain privileges. As a result, you also have some responsibilities that come with your privileges. One of these responsibilities is related to an implied consent law. The implied consent law says that as a driver, you have already implicitly consented to BAC tests upon request. Therefore, when you refuse a BAC test, you give up the privilege of being able to drive.
However, it is possible to defend yourself against refusing a BAC test in certain circumstances, for example, if you knew the test to be faulty. It is important to understand all aspects of the law if you have refused a Breathalyzer test in Tennessee.