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Refuse Breathalyzer test in Tennessee, lose your license for 18 months

MEMPHIS, Tenn. — Drivers in Tennessee who refuse a Breathalyzer or blood test will automatically lose their license for 18 months, under new DUI laws that went into effect in the state on New Year’s Day.

The new laws, designed to strengthen enforcement and increase penalties for impaired driving, also allow officers to use roadside saliva tests to detect drugs, and later use those tests to obtain a warrant if needed.


The BAC threshold for aggravated DUI-related injury or death was also lowered from 0.20% to 0.15%, allowing for more serious felony charges.

The Shelby County Sheriff’s Office said refusing a breath or blood test now results in an 18-month license revocation, and refusal remains a separate violation even if a warrant is later obtained.

“With a valid warrant, Deputies and medical personnel may use reasonable force to obtain a blood sample. Penalties for DUI involving injury have increased, with longer license revocations for repeat offenders. Drivers using ignition interlock devices now have a 14-day window for required calibrations, and courts may reinstate licenses for a single missed appointment if no other suspensions are in place,” said SCSO.

Penalties for DUI-related injuries or vehicular assault have also been enhanced.

License revocation periods have increased from three years to six years for a third conviction and from five years to eight years for a fourth or subsequent conviction.

The Shelby County Sheriff’s Office said it wants to remind motorists that the changes are designed to improve roadway safety and urges everyone to drive sober and responsibly.