Tennessee · DUI · Checked October 2026

Refusing a Breath or Blood Test in Tennessee

Refusing a Breath or Blood Test in Tennessee: What Are the Rules?

What happens if you refuse a breath or blood test in Tennessee.

Refusal penalty
Refusal is not a criminal offense in itself; the court revokes your license (1 year for a first refusal, or 1 year 6 months for refusing a blood test in a misdemeanor DUI case, from January 1, 2026; 1 year 6 months for any first refusal from January 1, 2027; 2 years with a prior DUI conviction or after a crash with serious bodily injury; 5 years after a fatal crash). Refusing is a violation even if a blood sample is later taken under a search warrant. Refusing while driving on a license revoked, suspended or cancelled for a prior DUI conviction is a Class A misdemeanor with a fine up to $1,000 and at least 5 consecutive days in jail that cannot be suspended. Officers must give a breath test, with or without consent, after a crash that injured or killed someone, when a child under 16 is in the vehicle, or when the driver has a prior DUI or vehicular assault or homicide conviction. A blood test needs consent, a search warrant or exigent circumstances
License suspension for refusing
Imposed by the court, not by an administrative process. First refusal with no prior DUI conviction: 1 year, or 1 year 6 months for refusing a blood test when suspected of a misdemeanor DUI (from January 1, 2026); from January 1, 2027, 1 year 6 months for any first refusal. With a prior DUI conviction: 2 years. After a crash causing serious bodily injury: 2 years. After a crash causing a death: 5 years

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Refusal Penalties in Tennessee

Refusal is not a criminal offense in itself; the court revokes your license (1 year for a first refusal, or 1 year 6 months for refusing a blood test in a misdemeanor DUI case, from January 1, 2026; 1 year 6 months for any first refusal from January 1, 2027; 2 years with a prior DUI conviction or after a crash with serious bodily injury; 5 years after a fatal crash). Refusing is a violation even if a blood sample is later taken under a search warrant. Refusing while driving on a license revoked, suspended or cancelled for a prior DUI conviction is a Class A misdemeanor with a fine up to $1,000 and at least 5 consecutive days in jail that cannot be suspended. Officers must give a breath test, with or without consent, after a crash that injured or killed someone, when a child under 16 is in the vehicle, or when the driver has a prior DUI or vehicular assault or homicide conviction. A blood test needs consent, a search warrant or exigent circumstances.Tenn. Code Ann. §§ 55-10-406 (as rewritten by 2017 Pub. Acts ch. 304 and amended by 2025 Pub. Acts ch. 403), 55-10-407

Official source: refusal penalties (Tennessee)

License Suspension for Refusing in Tennessee

Imposed by the court, not by an administrative process. First refusal with no prior DUI conviction: 1 year, or 1 year 6 months for refusing a blood test when suspected of a misdemeanor DUI (from January 1, 2026); from January 1, 2027, 1 year 6 months for any first refusal. With a prior DUI conviction: 2 years. After a crash causing serious bodily injury: 2 years. After a crash causing a death: 5 years.Tenn. Code Ann. § 55-10-407(a) (2013 Pub. Acts ch. 154; (a)(1) as amended by 2025 Pub. Acts ch. 403 and 2026 Pub. Acts ch. 1046)

Official source: license suspension for refusing (Tennessee)

More on DUI Law in Tennessee

See the full overview of DUI laws in Tennessee and read about implied consent laws in every state.

This page summarizes Tennessee law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Tennessee can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Tennessee?

Refusal is not a criminal offense in itself; the court revokes your license (1 year for a first refusal, or 1 year 6 months for refusing a blood test in a misdemeanor DUI case, from January 1, 2026; 1 year 6 months for any first refusal from January 1, 2027; 2 years with a prior DUI conviction or after a crash with serious bodily injury; 5 years after a fatal crash). Refusing is a violation even if a blood sample is later taken under a search warrant. Refusing while driving on a license revoked, suspended or cancelled for a prior DUI conviction is a Class A misdemeanor with a fine up to $1,000 and at least 5 consecutive days in jail that cannot be suspended. Officers must give a breath test, with or without consent, after a crash that injured or killed someone, when a child under 16 is in the vehicle, or when the driver has a prior DUI or vehicular assault or homicide conviction. A blood test needs consent, a search warrant or exigent circumstances.

How Long Is the Suspension for Refusing?

Imposed by the court, not by an administrative process. First refusal with no prior DUI conviction: 1 year, or 1 year 6 months for refusing a blood test when suspected of a misdemeanor DUI (from January 1, 2026); from January 1, 2027, 1 year 6 months for any first refusal. With a prior DUI conviction: 2 years. After a crash causing serious bodily injury: 2 years. After a crash causing a death: 5 years.

Sources

  1. Implied consent: Tenn. Code Ann. §§ 55-10-406 (as rewritten by 2017 Pub. Acts ch. 304 and amended by 2025 Pub. Acts ch. 403), 55-10-407
  2. License suspension and hearing: Tenn. Code Ann. § 55-10-407(a) (2013 Pub. Acts ch. 154; (a)(1) as amended by 2025 Pub. Acts ch. 403 and 2026 Pub. Acts ch. 1046)

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