In 2026, the Tennessee legislature continued the trend of stricter laws which impede the rights of citizens accused of crimes. Including an individual’s ability to invoke those rights. Your constitutional right against unreasonable searches and seizures includes the blood in your body. Similar to your home or car, there are exceptions. One of the most common is valid “consent.” If someone is able to give knowing, voluntary, and intelligent consent to government action they can waive their constitutional rights.
However, in Tennessee, to invoke your constitutional right and deny a search of your body/blood without a warrant includes civil penalties. That is the government “loophole”. They can’t punish you with a crime or put you in jail for invoking your rights. But every day people suffer “civil penalties” which have become stricter than ever before.
The Tennessee Implied Consent law allows a law enforcement officer who has probable cause to believe the driver of a motor vehicle is driving under the influence or any other impaired driving offense to request the driver to submit to a breath, blood, and/or an oral fluid test [also brand new in 2026]. The law enforcement officer is supposed to 1. Have probable cause 2. Inform the driver of the right to refuse, the license suspension parameters, and the other potential consequences 3. Obtain the driver’s signature on a standardized waiver under the marked “Consent”. You have the right to say no and refuse. If you refuse, the new penalties for that decision are important and have gotten more restrictive.
The Tennessee Implied Consent law is located in the code under T.C.A. 55-10-407.
In 2025, if a Judge found that you violated the Tennessee Implied Consent law, the court has the right to revoke your driver’s license for twelve (12) months for a first-time offender.
In 2026, if a Judge found that you violated the Tennessee Implied Consent law, the court now has the right to revoke your driver’s license for eighteen (18) months for the same first-time offender.
So, you may ask, “How can I violate the Tennessee Implied Consent law?” The answer is simple. Tell the officer no when they ask you to waive your rights. Tell the officer no, you do not consent to give a sample of your blood.
There are many reasons why someone in that position would want to invoke their rights and refuse the test. This could include anything from personal issues with needles to a strong distrust of law enforcement. For some agencies, these blood draws happen inside the jail, not in a hospital. The point is you have the constitutional right to say no. You should not be “civilly” punished for invoking those rights.
The easy comparison is to imagine your home. A law enforcement officer shows up at your house unannounced. Your family is in the living room, the family may be in their PJs, and the officer says he needs to search your house. The officer doesn’t have a warrant or any judicial authority. The officer just tells you he believes you have committed a crime and evidence is inside your home. The officer tells you that you will have to pay extensive fines or potentially lose your home if you refuse the search. You don’t know who the officer is or what he may do if you refuse. But your spouse and kids are there, and you are placed in an awkward situation. It is intimidating. While you may have the right to tell the officer no, the reality is that most people will be pressured to give consent.
So, what are the practical implications? You refuse the test, and now you face license suspension and penalties. That is, before you even go to court and face the DUI charge itself. If you are dealing with a DUI charge, you should also review information on DUI charges and first-time DUI penalties—and hire a lawyer.
There is no shortage of cases in which a person is arrested, and the arrest was invalid. Or cases in which a person was not intoxicated. Or cases in which a person has a legitimate reason why they did not want to give a sample. If you are given the choice between the “civil” penalties of refusing or the unknown risks of submitting to a blood test, that is a tough decision. It is also why the Fourth Amendment exists. The problem is the government has decided to punish people for exercising that right. That is the “loophole.” Now, Tennessee has decided that punishment should be more severe. The legislature has also created an oral fluid test option to further increase the ability to obtain bodily fluids from citizens. If you would like to see the bill creating this new test, you can view SB1400.
You should be aware of the efforts being taken against you by the government. This is not about encouraging drunk driving. It is about people’s rights. People should not have to make decisions with punishment to give up constitutional rights. If you are facing a DUI investigation, you should understand your rights under the Fourth Amendment and speak with an attorney as soon as possible.
Charged with DUI or facing an implied consent violation in Lebanon, TN?
The penalties can hit fast—sometimes before your DUI case even gets to court. At Lannom & Williams, our defense team will review the stop, the officer’s claimed probable cause, and whether your rights were properly explained before any request for breath, blood, or oral fluid testing. We’ll walk you through your options and fight to protect your license and your future. Contact us today or call (615) 444-2900 to speak with a trusted criminal defense lawyer.