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Consequences of Refusing a Breathalyzer Test in Tennessee As you are driving back home after a get together with friends, you are pulled over for a DUI check. You know you had a few drinks and are worried about blowing above the legal BAC limit of 0.08%. So, should you refuse the breathalyzer test? Unfortunately, you do not have this legal option. The best thing to do is face the results of the test and contact an experienced Nashville DUI lawyer if you are charged.. Here is what you need to know about the implied consent law in our state and what happens if you refuse a breath test. The Implied Consent Law Does Not Give Drivers the Right to Refuse a Breath Test When you accept your driving license in Tennessee, you also accept to submit to a breathalyzer test whenever a law enforcement officer has probable cause to demand it. This is the essence of the implied consent law. You are breaking the law by refusing the breath test. Moreover, this will not get you off the hook for any potential DUI conviction. The fact that the state does not have the value of your blood alcohol concentration does not put an end to the legal case. On the contrary, the prosecutor will use your refusal of the breathalyzer test as evidence against you. And your attorney may not be able to negotiate a plea deal or get your charges reduced to a lesser offense. Penalties for Refusing the Breathalyzer Test The first time you refuse a breath test, your driving license will be suspended for on...