What Happens When You Refuse a Breath Test in a DUI Stop?
Sept. 23, 2025
Being pulled over on suspicion of drunk driving is one of the most stressful experiences a driver can face. One of the most critical moments during this encounter is when an officer requests that you take a breath test. Deciding whether to comply or refuse isn’t always easy in the heat of the moment, but that choice carries real legal consequences.
William L. Pomeroy Law provides dedicated support and skilled representation for clients facing DUI charges. Located in Brentwood, Tennessee, his firm serves communities across Davidson County, Williamson County, and Rutherford County. Here, he’ll explain how refusal of a breath test can affect a person’s rights, driving privileges, and more.
Tennessee’s Implied Consent Law
Tennessee has what’s called an “implied consent” law. This means that by choosing to drive on Tennessee roads, every driver automatically agrees to submit to a chemical test, such as a breath test or blood test, if an officer has probable cause to believe the driver is impaired. Refusing to take the test is treated as a violation in itself, separate from any potential DUI charge.
Refusing a breath test doesn’t make the issue disappear. In fact, refusal triggers separate penalties under the implied consent law, even if you’re not ultimately convicted of DUI. While many people assume that declining to take a test prevents the state from gathering evidence, the reality is that Tennessee courts take refusal seriously.
Immediate Consequences of Refusing a Breath Test
When someone refuses a breath test, several consequences may follow right away. These outcomes can affect daily life long before a court date arrives. What might seem like a simple choice in the moment can quickly lead to multiple layers of penalties. Even drivers with no prior record can face challenges that ripple through nearly every aspect of daily life.
Driver’s license suspension: Refusal usually results in a one-year license suspension, with longer suspensions if there’s a prior DUI conviction or refusal on record.
Possible arrest and booking: Officers can still arrest a driver on suspicion of DUI based on other evidence, such as erratic driving, slurred speech, or failed field sobriety tests.
Vehicle impoundment: In some cases, the vehicle may be towed, resulting in additional financial and logistical stress.
Court appearance required: Refusal doesn’t avoid legal proceedings. The driver must still appear in court to address the refusal and any DUI charges that may be filed.
These immediate effects disrupt routines, impact employment, and create stress for families. Beyond the legal consequences, people often face embarrassment, strained relationships, and financial burdens that start accumulating quickly. While they’re only the start of the process, they set the tone for what lies ahead and highlight why it’s so important to respond carefully.
Long-Term Legal Penalties
The consequences of refusing a breath test don’t end with the traffic stop. Long-term penalties often follow, depending on the driver’s history and the specifics of the case. These penalties can stretch far into the future, creating obstacles that don’t disappear quickly. For many drivers, the long-term consequences end up being even more difficult than the immediate ones.
Extended license suspension: A first refusal results in a one-year suspension, but a second refusal within ten years can lead to a two-year suspension without driving privileges.
Ignition interlock device requirement: After suspension, reinstatement may require the installation of an ignition interlock device, adding cost and inconvenience.
Impact on DUI cases: If charged with DUI, refusal can be presented in court as evidence of “consciousness of guilt,” suggesting the driver knew they were impaired.
Increased fines and penalties: Courts may impose additional fines or community service, especially if refusal accompanies an actual DUI conviction.
These long-term effects make refusal a decision with serious consequences beyond the immediate moment. They can disrupt a person’s career path, limit freedom of movement, and damage personal and professional reputations. Over time, the stress and financial pressure caused by these penalties may weigh even heavier than the DUI charge itself.
Myths About Refusing a Breath Test
Many drivers have heard conflicting advice about whether to comply with a breath test. Unfortunately, misconceptions can lead to choices that harm a case rather than help it. By breaking down the most common misunderstandings, it’s easier to see how refusal actually plays out under Tennessee law. Here are some of the most common misconceptions:
Refusing avoids a DUI charge: False. An officer can still arrest a driver based on other evidence. Refusal doesn’t block charges.
There are no penalties for refusing: Also false. Tennessee’s implied consent law creates automatic penalties, even without a DUI conviction.
Refusal protects your rights in court: While refusing may deny the state some evidence, prosecutors can use refusal itself against the driver.
You can just wait it out until you're sober: The suspension begins immediately, and delaying testing doesn’t stop charges or penalties.
Clearing up these myths helps drivers understand what’s really at risk when making that split-second decision. Knowing the truth empowers drivers to make more informed choices and to recognize when legal representation is absolutely necessary. The sooner these misconceptions are set aside, the sooner a defense can focus on the facts instead.
How Refusal Impacts DUI Defense
Every DUI case is unique, but refusal often changes how defense strategies are approached. Lawyers must consider both the penalties for refusal and the underlying DUI charges. This means a defense has to tackle two different issues at once: the administrative side that affects driving privileges and the criminal case that could affect freedom and record.
Evidence challenges: Without a breath test, prosecutors may rely more heavily on officer testimony and field sobriety tests. Defense lawyers can question the reliability of these methods.
License suspension hearings: Separate administrative hearings decide if the refusal suspension will be upheld. Defense strategies often center on whether the officer adhered to proper procedures.
Negotiating outcomes: Refusal may complicate plea negotiations, but experienced lawyers often work toward reducing charges or penalties despite it.
Trial considerations: If the case goes to trial, the defense must prepare for prosecutors to argue that the refusal showed guilt.
Because refusal creates a dual problem of administrative penalties plus criminal charges, legal defense becomes more challenging but not impossible. In fact, with the right approach, it’s often possible to limit the damage and preserve important rights.
What Officers Must Do During a DUI Stop
Tennessee law doesn’t allow officers to simply demand a test without following rules. Before requesting a chemical test, officers must first establish probable cause that a driver is impaired, which may include observations of behavior or performance on field sobriety tests. They’re also required to read the implied consent advisement so that drivers understand their rights.
Additionally, any chemical test must be conducted in accordance with Tennessee Department of Safety guidelines, and the refusal itself must be properly documented, typically with written confirmation. These safeguards are in place to make sure the process is fair and valid. When officers fail to follow these steps, defense lawyers may have grounds to challenge both the DUI charges.
Alternatives to a Breath Test
While breath tests are standard, they’re not the only chemical tests used. If someone refuses one type of test, officers may seek another. Drivers are often surprised to learn that refusal doesn’t necessarily mean the process stops. In fact, law enforcement has several alternative options available to pursue evidence of impairment.
Blood tests: Often used when breath tests aren’t practical or refused. These can be requested with a warrant.
Urine tests: Less common, but sometimes ordered for detecting drugs or when other tests aren’t possible.
Field sobriety tests: Physical coordination tests can provide additional evidence, though they’re often disputed in court.
Refusing a breath test doesn’t always end the testing process. In some situations, especially when warrants are involved, drivers may still be required to undergo alternative testing. These additional tests can be just as damaging to a case, sometimes even more so if they detect substances that a breath test would miss. This means refusal rarely eliminates risk, but changes how the evidence may be gathered.
Speak With a DUI Criminal Defense Attorney Today
Refusing a breath test comes with consequences that extend far beyond the traffic stop. Between license suspensions, court hearings, and the possibility of a DUI conviction, the decision can affect work, family, and long-term stability. That’s why having the right defense lawyer on your side matters.
William L. Pomeroy Law guides clients through the aftermath of breath test refusal or DUI charges. The firm serves communities across Tennessee, including Brentwood, Davidson County, Williamson County, and Rutherford County.. His legal knowledge and dedication to protecting clients’ rights make a difference during one of the most stressful times in a person’s life. Reach out to him today for guidance and support.