Can a person refuse to take a sobriety test if they are stopped by a police officer?
In Tennessee, a person can refuse to take a sobriety test when stopped by a police officer. However, this refusal has consequences. Refusal to take a sobriety test is considered a crime in Tennessee and carries a fine of up to $200 and a jail sentence of up to 11 months and 29 days. In addition to criminal charges, refusal to take a sobriety test can also lead to an automatic suspension of the driver’s license. The officer may also obtain a warrant and require the driver to be tested without their consent. Drivers who cause a crash resulting in serious injury or death may be charged with vehicular assault or vehicular homicide, and refusal to submit to a sobriety test may be used as circumstantial evidence in the prosecution’s case. In addition, a refusal to take a sobriety test can be used against a driver in a civil lawsuit. It is important to remember that submitting to a sobriety test is not an admission of guilt and that the results of the test can be challenged in court. In the event that a person in Tennessee is pulled over on suspicion of drunk driving, their best course of action is to consult with an attorney and to consider the legal consequences of refusing to take a sobriety test.
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