What Happens If You Refuse a Breathalyzer in Tennessee?

You’re pulled over. The officer suspects you’ve been drinking. They ask you to take a breathalyzer test.

You’re thinking: “If I refuse, they won’t have proof. Maybe that’s the safer option.”

But here’s what many people don’t realize: refusing a breathalyzer in Tennessee comes with its own set of serious consequences—and in 2026, those penalties got even harsher.

At Harvey Criminal Defense Lawyers, we’ve seen firsthand how a refusal can complicate an already difficult situation. Here’s what you need to know about Tennessee’s implied consent law, what happens if you refuse, and whether refusal is ever the right choice.

What Is Tennessee’s Implied Consent Law?

Under Tennessee Code Annotated § 55-10-406, every driver in Tennessee is deemed to have given “implied consent” to chemical testing if they’re lawfully arrested for DUI.

In plain English, that means: by driving on Tennessee roads, you’ve already agreed to take a breath or blood test if a law enforcement officer has probable cause to believe you’re driving under the influence.

This isn’t an optional request. It’s a legal requirement that comes with your driving privilege.

What Tests Are Covered?

The implied consent law applies to:

• Breath tests to measure blood alcohol concentration (BAC)
• Blood tests to detect alcohol or drugs
• Oral fluid (saliva) tests (as of 2026)

However, there are differences in how these tests are administered. Breath tests require your signed consent on a standardized waiver form. Blood tests generally require either your consent, a search warrant, or exigent circumstances.

What Happens If You Refuse a Breathalyzer?

If you refuse a breath test after being lawfully arrested for DUI, you’ll face civil penalties—even if you’re never convicted of DUI.

License Suspension for Refusal

As of January 1, 2026, Tennessee’s penalties for refusing a chemical test increased significantly:

• First refusal (no prior DUI in 10 years): 18-month license suspension (up from 1 year)
• Second refusal: 2-year license suspension
• Third or subsequent refusal: 5-year license suspension

The 18-month suspension applies specifically when you refuse a blood test. If you’ve never been convicted of DUI, vehicular assault, or vehicular homicide within the past 10 years, refusing that blood draw can cost you a year and a half of driving privileges.

You’ll Still Face the DUI Charge

Refusing the test doesn’t make the DUI charge go away. If law enforcement has probable cause to arrest you for DUI, they can—and often will—obtain a search warrant to draw your blood anyway.

So you could end up with:

• The refusal penalty (18-month license suspension)
• A DUI charge based on evidence obtained through the warrant
• A criminal DUI conviction with additional license revocation

In other words, you get hit twice: once for refusing, and again if you’re convicted.

Refusal Can Be Used Against You in Court

Even though refusal is a civil (not criminal) offense, the fact that you refused can be brought up at trial.

Prosecutors often argue that refusal shows “consciousness of guilt”—that you refused because you knew you were over the limit. While this isn’t proof of intoxication, it can influence a jury.

Do You Still Have to Take a Blood Test If You Refuse a Breathalyzer?

In many cases, yes.

If you refuse a breath test, officers can apply for a search warrant to take your blood. If they get that warrant (or if exigent circumstances apply, like a serious accident), they can draw your blood—whether you consent or not.

And under the 2026 law, refusing a blood test still triggers the 18-month suspension, even if police ultimately obtain a sample through a warrant.

Can You Get a Restricted License After a Refusal?

Yes, in most cases.

Tennessee allows drivers to apply for a restricted license during their suspension period. A restricted license lets you drive for specific purposes, such as:

• Work
• School
• Medical appointments
• Court-ordered obligations

However, you’ll likely be required to install an ignition interlock device (IID) on your vehicle at your own expense. This device requires you to blow into it before the car will start, and it tests your BAC every time you drive.

For a refusal-based suspension, the IID requirement typically lasts for at least one year.

What Should You Do If an Officer Asks You to Take a Breathalyzer?

This is one of the hardest decisions you’ll face during a DUI stop—and there’s no universal “right” answer.

Reasons People Refuse

• They believe they’re over the legal limit
• They think refusal will hurt the State’s case
• They don’t trust the accuracy of breath tests
• They’re scared of the results

Reasons People Consent

• They believe they’re under the legal limit
• They want to avoid the automatic license suspension
• They know police can get a warrant anyway
• They want to cooperate and move past it

The Reality

Whether you should take the test or refuse depends on your specific situation. But here’s what we know for certain:

Refusal does not guarantee a better outcome. In fact, it often makes things worse because you face both the refusal penalty and the DUI charge.

If you’ve been drinking, a breath test result over 0.08% gives the State strong evidence. But if you refuse, you still face the DUI charge—and now you’ve also lost your license for 18 months.

On the other hand, if you genuinely believe you’re under the limit, taking the test could help your case.

What Happens If You Were Never Advised of the Consequences?

Under Tennessee law, officers must advise you of the consequences of refusing a chemical test before they administer it.

If they fail to do so, the court does not have the authority to suspend your license for the refusal or require you to use an ignition interlock device.

This is one area where an experienced DUI defense attorney can make a real difference. If proper procedures weren’t followed, we can challenge the suspension and potentially get it lifted.

Can You Challenge a Refusal Suspension?

Yes. While the refusal penalty is a civil matter, not a criminal one, you still have the right to contest it.

We can challenge the suspension by arguing:

• The officer didn’t have probable cause for the stop or arrest
• You were never properly advised of the consequences of refusal
• The arrest itself was unlawful
• You were physically unable to comply (unconscious, injured, etc.)

The key is acting quickly. There are strict deadlines for requesting a hearing and challenging the suspension.

If You’ve Already Refused a Breathalyzer in Tennessee, What Should You Do?

If you’ve been arrested for DUI and refused a chemical test, don’t panic—but don’t wait either.

Here’s what you need to do:

1. Contact a DUI Defense Lawyer Immediately

The sooner we get involved, the better. We can review the circumstances of your arrest, determine whether the stop was lawful, and identify any procedural errors that could help your case.

2. Request a Hearing on the License Suspension

You have a limited time to request an administrative hearing to challenge the suspension. If you miss that deadline, the suspension goes into effect automatically.

3. Don’t Talk to Police Without a Lawyer

If officers are still investigating or want to ask you more questions, politely decline and say you want to speak with your attorney first.

Charged with DUI in Memphis? Let’s Talk.

Whether you took the breathalyzer and blew over the limit—or you refused and now face an 18-month suspension—we’re here to help.

At Harvey Criminal Defense Lawyers, we know Tennessee DUI law inside and out. We know how to challenge illegal stops, questionable breath test results, and refusal suspensions. And we know how to fight for restricted licenses, reduced charges, and dismissed cases.

Contact us today for a confidential consultation.

Let’s talk about what happened, what you’re facing, and what we can do to protect your license and your future.