Imagine you’re driving home from a party or a local pub where you had a drink or two, but still feel in control of your body’s coordination.  Suddenly, on the drive home, you look in your rearview mirror and see flashing lights.

Your adrenaline starts to pound as you are pulled over and the police officer asks you to submit to a sobriety test.  Did you know that under Tennessee law you’ve already given your implied consent to alcohol or drug testing simply by being behind the wheel?  

If you said “no”, you’re not alone. Many residents of Middle Tennessee we speak to have no idea they consented to this by way of Tennessee law.

If you find yourself in need of legal counsel regarding a potential DUI/DWI or issue surrounding implied consent, give the team at Herbert & Lux a call today. Our experienced team can help you understand your situation and the potential legal strategies we can help with.

For now, read on to learn more about implied consent and what it means for you…

What Happens if You Refuse?

Many people think that a DUI is something they can handle on their own, and that belief begins with the refusal of field sobriety tests, which violates the implied consent law.  In these instances, many people feel that if the prosecuting attorneys and police can’t prove you were drinking, they can’t charge you. This is wishful thinking at best.

While you can indeed refuse to be tested for alcohol or drugs, the consequence for doing so is an additional charge of violating the implied consent law, on top of a DUI itself.

If found guilty, depending on your criminal record, you could face the revocation of your license for a minimum of one year, but up to 5 years depending on the facts of your case.

How Will You Navigate the Courts?

In Nashville or Middle Tennessee, maneuvering through the criminal justice system with both a DUI charge and a penalty for violating implied consent law can mean the difference between being able to drive, versus having a criminal record and your license being suspended.  

You need to protect yourself, ensure that your rights are not violated, and navigate through a system that may be completely foreign to you.  An experienced attorney from an established law firm can do more than help you work with the system, they can help keep one mistake from ruining your life for the foreseeable future.  

Taking on a DUI charge or violation of the implied consent charge on your own is not advisable and can result in consequences that could literally last a lifetime.

If you find yourself accused, reach out to our firm today for a consultation. We would love to learn more about your case and the ways in which we may be able to help.

Experience and Tenacity you Can Count on

The attorneys of Herbert & Lux have decades of experience steering their clients through the criminal justice system and helping to make sure that their client’s rights are preserved through the legal process.  

Because each case and client presents unique challenges, the attorneys at Herbert & Lux offer a free consultation.  This way, they can review your case and present you with the best course of action, in consideration of their tremendous experience of the legal system in the Middle Tennessee area.  

Seeing those flashing lights in your rearview mirror can be the start of a terrifying and laborious ordeal. Being pulled over for a DUI and not understanding Tennessee’s implied consent law can lead to at least one criminal conviction on your record.  

Once the initial shock wears off, you may have done more harm than good to your case if you don’t immediately consult an experienced attorney, like Herbert & Lux, to protect your rights.

Get the Representation and Support you Deserve

Have you already been charged with a DUI and for violating Tennessee’s implied consent law?  Contact Herbert & Lux immediately for a free review of your case.