What Happens If You Refuse a Breathalyzer in Tennessee? (New Laws Make This More Serious)

Introduction

You’re pulled over.

The officer asks you to take a breath test.

What happens if you refuse?

Many people believe refusing a breathalyzer protects them.

In Tennessee, that decision comes with serious consequences — and recent changes have made it even more important to understand.

The Short Answer

If you refuse a breath test in Tennessee, you can face penalties under the state’s
implied consent law

This is separate from the DUI charge itself.

What Is Implied Consent?

By driving in Tennessee, you are considered to have agreed to chemical testing if lawfully arrested for DUI.

That includes:

• breath tests
• blood tests

Refusing can trigger automatic consequences.

The Penalties for Refusal

Depending on the situation, refusal can result in:

👉 License suspension (up to 18 months in some cases)

This can happen:

• even if you are not convicted of DUI
• even if the DUI charge is dismissed

The Law Has Changed

Recent changes to Tennessee law have made implied consent penalties more serious.

One of the biggest shifts:

👉 longer license revocation periods — including up to 18 months

This is a significant increase that affects:

• your ability to drive
• your job
• your daily life

The Closed Loophole: Search Warrants

There used to be legal arguments — based on prior case law — that could help drivers in certain situations.

For example:

If a driver refused a breath test, but officers later obtained a search warrant and drew blood anyway, there were arguments that the implied consent violation might not apply.

That argument is no longer reliable.

The Legislature Closed the Gap

Tennessee lawmakers have made it clear:

Even if:

• you initially refuse
• officers get a warrant
• you ultimately submit to a blood draw

👉 You can still face implied consent penalties

That closes a loophole that previously existed in some cases.

What Happens After You Refuse?

If you refuse:

• you may be charged with implied consent violation
• your license may be suspended
• the refusal can be used against you in court

At the same time:

• there is no breath test result
• the State must rely on other evidence

The Biggest Mistake People Make

They think refusing is a “safe” option.

The truth is:

👉 It’s a legal decision with trade-offs

And those trade-offs have become more serious under current law.

What You Should Do During a DUI Stop

Every case is different, but one thing remains constant:

👉 Do not try to talk your way out of it

Say:

“I don’t answer questions.”

Then request a lawyer.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, DUI enforcement is aggressive, and implied consent violations are pursued regularly.

Understanding how these laws work is critical before making decisions on the roadside.

The Bottom Line

• Refusing a breathalyzer carries serious consequences
• Penalties have increased under Tennessee law
• Old legal defenses may no longer apply
• Every situation is different

Your safest move:

👉 Don’t talk. Call a lawyer immediately

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been charged with DUI or refused a breath test:

👉 Don’t talk. Call 1-888-DRJUDGE

The law has changed — make sure your defense strategy has too.