Garza

The

Law Firm, PLLC

865.540.8300

KNOXVILLE, TN DUI /DWI DEFENSE ATTORNEY

Tennessee DUI Lawyers Protecting Your Future

DISCLAIMER: The information on this website should not be construed as legal advice. Any information submitted by our online intake form does not create an attorney-client relationship between you and The Garza Law Firm, PLLC, until you sign a contract of representation. Although we cannot guarantee that information sent over the internet will not be intercepted, we will keep the information confidential once it is received by our office.

Knoxville, Tennessee DUI attorneys serving clients throughout Tennessee, MOST ALL COUNTIES and CITIES in TENNESSEE including: Alcoa • Anderson County • Athens • Blount County • Campbell County • Claiborne County • Clinton • Cocke County •Grainger County• Jefferson City • Jefferson County • Knoxville • Knox County • Lenoir City • Loudon County • Maryville •McMinn County • Newport • Oak Ridge • Roane County • Sevierville • Sevier County • Gatlinburg • Pigeon Forge • Union County Bledsoe County • Bradley County • Chattanooga • Cleveland • Marion County • Monroe County • Polk County • Sequatchie County

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POWER ATTORNEYS 2010
Marcos M. Garza

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DUI Lawyer in Knoxville, TN DUI Lawyer in Knoxville, TN

Tennessee Implied Consent Law – Violation of Implied Consent.

One common misconception is that if you are charge with a Tennessee DUI and you have refused to take a blood test or breathalyzer, that you will automatically lose your Tennessee driver’s license.  This is often NOT true.

Despite the language of Tennessee law below, an officer or state trooper cannot request that you take a blood test until you are legally placed under arrest and until that officer has

“reasonable grounds” to believe that you are operating or in physical control of a motor vehicle while impaired.  

As a result, there a legal and procedural requirements that a Tennessee officer must meet BEFORE requesting that you submit to a blood or other chemical test.  

Tennessee law states, in part:

Tests; implied consent; license suspension

“Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person's blood, a test or tests for the purpose of determining the drug content of the person's blood, or both tests. However, no such test or tests may be administered pursuant to this section, unless conducted at the direction of a law enforcement officer having reasonable grounds to believe the person was driving while under the influence of alcohol, a drug, any other intoxicant or any combination of alcohol, drugs, or other intoxicants as prohibited by Tennessee DUI law, or was violating the provisions of the Tennessee Vehicular Assault law, Tennessee Vehicular Homicide, or Tennessee Aggravated Vehicular Homicide law.”

Contact an Experienced Knoxville, TN DUI Defense Attorney.

As in all driving related criminal cases, the best results are obtained when you call a Tennessee lawyer who is dedicated to handling Tennessee DUI, Tennessee Vehicular Assault and other driving cases as soon as possible.  Call toll free at 888-DUI-CALL (888-384-2255) or locally in the greater Knoxville area at 865-540-8300 as soon as possible.  



We can also provide you with information and assistance with the following situations you may run into in defending your DUI charges:

A 2nd DUI charge (a first in TN, after a first in another state at just under 5 years ago). Marcos won this case with a reduction to a reckless driving. sentence.