Can Tennessee Police Force You to Take a Breathalyzer Test?

Introduction

You see the flashing blue lights in your rearview mirror. Your heart drops. After a few standard questions, the officer asks you to step out of the car and says, “I need you to blow into this tube.”

Panic sets in. If you refuse, do you automatically lose your license? If you agree, are you handing them the evidence they need to convict you of a DUI?

In Tennessee, the rules surrounding Breathalyzer and blood tests are tricky, and making the wrong move on the side of the highway can impact your freedom for years. Let’s clear up the confusion about what you legally have to do.

The Short Answer

It depends on which test they are asking you to take. You can legally refuse the small, handheld breath test on the side of the road with no penalty. However, if you are arrested and refuse the official machine at the police station, you will face automatic penalties under Tennessee’s Implied Consent Law, including losing your driver’s license.

The Golden Rule

There is a massive difference between the roadside test and the station test.

Never take the roadside portable breath test. If you are arrested and taken to the station, refusing the official test will save your criminal record but cost you your license.

Roadside vs. Police Station: The Two Types of Tests

To protect yourself, you must understand the two completely different tests officers use:

• 1. The Portable Breath Test (PBT): This is the small, handheld device an officer pulls out of their pocket on the side of the road. These results are highly unreliable and are generally not admissible as evidence in a Tennessee court to prove guilt. Police use it simply to help establish probable cause to arrest you. You have every right to refuse this roadside test, and you should.
• 2. The Implied Consent Test: Once you are formally arrested and taken to jail or a mobile testing unit, the officer will read you the Implied Consent form. This is for the large, desktop machine (or a blood draw). Because you drive on Tennessee roads, you have already legally “implied” your consent to take this test if an officer has probable cause to believe you are driving under the influence.

What Happens If You Refuse the Station Test?

If you refuse the official test after being arrested:

• It is not a criminal offense by itself (unless you have prior DUI convictions or were in a serious crash).
• It is a civil violation that carries an automatic 1-year suspension of your driver’s license (or up to 2 years if you have prior offenses).
• The prosecution can still try to convict you of a DUI using the officer’s testimony, bodycam footage, and your performance on standard field sobriety tests.

What You Should Do

If you are suspected of a DUI in Tennessee:

• Politely refuse all roadside field sobriety tests (walking a straight line, standing on one leg) and the handheld PBT.
• If arrested and asked to take the official chemical test at the station, weigh your options carefully. If you absolutely cannot afford a DUI conviction on your record, refusing the test keeps chemical evidence out of the prosecutor’s hands, even though you will lose your driving privileges temporarily.

What NOT to Say

Do not give the officer ammunition to use against you in court. Avoid saying:

• “I only had two beers, I promise I’m fine to blow.”
• “I know I’m going to fail, so I’m not doing it.”

Simply state: “I am exercising my right to remain silent, and I do not consent to any voluntary roadside tests.”

Why This Matters

DUI cases are highly technical. If an officer fails to properly read you the Implied Consent warnings, or if they force a blood draw without a warrant, a skilled defense attorney can often get that evidence completely suppressed. Knowing the difference between a voluntary roadside test and an implied consent test is the first step to protecting your future.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with over 25 years of experience. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you’ve been arrested for a DUI or cited for refusing a breath test in Tennessee: 👉 Don’t talk. Call 1-888-DRJUDGE