Tennessee Implied Consent Law in 2026: What Happens if You Refuse a Breath or Blood Test?

Tennessee’s implied consent law can create serious consequences when a driver refuses a requested chemical test after a DUI arrest. The rules are separate from the question of whether the person is ultimately convicted of DUI.

Under Tennessee law, an officer requesting a breath or blood test must comply with the requirements of the implied consent statute, including advising the driver of the consequences of refusal when required.

A refusal can result in a separate implied consent violation and loss of driving privileges. Effective January 1, 2026, Tennessee increased the revocation period to 18 months in certain first-time blood-test refusal cases involving a suspected misdemeanor DUI. Different periods may apply depending on prior convictions and whether a collision caused serious bodily injury or death.

Refusing a test also does not necessarily prevent law enforcement from obtaining evidence. Depending on the circumstances, officers may seek a search warrant or rely on another lawful basis for obtaining a sample.

An implied consent allegation should be reviewed separately from the DUI charge. Issues may include whether the officer had the required legal basis for the request, whether the proper warnings were given, whether there was actually a refusal, and what the video or written documentation shows.

Legal Note: See Tenn. Code Ann. §§ 55-10-406 and 55-10-407; 2025 Tenn. Pub. Acts, ch. 403 (effective in relevant part Jan. 1, 2026).

This article is for general informational purposes only and is not legal advice. Every case depends on its specific facts.