Pulled Over on I‑24: What Drivers Need to Know About Tennessee’s DUI “Implied Consent” Law in 2025

I-24 has become a hot spot for drunk‑driving enforcement. In the Tennessee Highway Patrol's spring 2025 “Operation 24” saturation patrol, troopers made 37 DUI arrests, issued more than 400 citations, and removed 17 impaired drivers between Murfreesboro (Exit 78) and the Davidson County line in just 48 hours. 

Per the National Highway Traffic Safety Administration (NHTSA), Statewide, DUI arrests topped 19,923 in 2024—a 0.24 % increase year‑over‑year. 

If you commute on I‑24, I‑840, or Highway 96, understanding Tennessee’s implied consent rules can save your license—and your freedom.

Implied Consent Basics—Your Legal Duty

Tennessee’s implied‑consent statute (Tenn. Code Ann. § 55‑10‑406(d) ) says that simply by driving on a public road you have already agreed to a breath or blood test when an officer has probable cause for DUI.

“Driving on I‑24 means you’ve silently agreed to chemical testing if an officer suspects DUI.”

Quick facts for drivers:

• Refusal automatically triggers a license suspension (1 year; 2–5 years with priors or crash injuries).

• The officer must advise you of these consequences before the test request.

A Rutherford County Judge or Judicial Commishioner can still issue a search warrant for your blood even if you refuse. Missouri v. McNeely, 569 U.S. 141 (2013).

New 2024‑25 Amendments: Refusal Now a Class A Misdemeanor

A 2024 overhaul added subsection (k) to § 55‑10‑406, clarifying that refusal after a lawful arrest may be prosecuted criminally when the driver’s license is already suspended or when the refusal “obstructs” a warranted blood draw. 

Under this new law, § 55‑10‑406(d)(5), that offense is a Class A misdemeanor which carries a penalty of up to 11 months 29 days in jail and a $1,000 fine. 

“A simple ‘No, thanks’ can now land you in jail for nearly a year.”

Field Sobriety Tests (FST's) vs. Breath/Blood Tests

• FSTs (Walk‑and‑Turn, One‑Leg‑Stand, HGN):

  • Voluntary. You can politely decline.

    • Poor lighting on I‑24 shoulders often skews results.

  
  

• Portable Breath Test (PBT):

  • Also voluntary and not admissible for guilt only for probable cause.

    
    

• Blood Draw:

  • Covered by implied consent.

  • Must follow § 55‑10‑410 chain‑of‑custody procedures.

• Blood draws require a warrant unless exigent circumstances exist (State v. Bell, 604 S.W.3d 125 (Tenn. 2021)).

Common Police Mistakes on the Roadside:

Bad probable‑cause articulation (e.g., “strong odor” with no other indicators).

Failure to read the implied‑consent advisory or failure to sign the form.

Incomplete video—camera off during critical instructions (a recurrent problem in THP body‑cam audits. (per News WSMV)

Defenses:

Suppression for Invalid Stop – Dash‑cam shows no traffic violation.

McNeely Warrant Challenge – Blood draw without exigency.

Improper Advisory – Officer skipped penalties portion; refusal suspension void.

SFST Reliability Attack – Uneven gravel shoulder on I‑840 exit ramp.

Retrograde BAC Analysis – Expert testimony to show BAC < .08 at driving time.

“A DUI case is won or lost in the minutes after blue lights appear know your rights before you’re roadside.”

The True Cost of a DUI or Refusal

A first‑offense conviction can mean:

License loss: 1 year (plus ignition‑interlock costs > $1,200).

Insurance: premiums often triple—roughly $6,000 over 5 years.

Employment: CDL and rideshare drivers face immediate termination.

Criminal record: a Class A misdemeanor or Class E felony stays forever; Tennessee does not expunge DUI.

Bottom line: I‑24 and its feeder routes are blanketed with 24‑hour patrols, targeted by THP’s data‑driven “hot spot” model. A single refusal or elevated BAC can derail your license, livelihood, and liberty.

If those blue lights flash, stay calm, be polite, and remember you can’t talk your way out of a DUI, but you can talk your way into one.

Call an experienced Murfreesboro DUI lawyer at the first opportunity.

Need Help Now?

📞 Murfreesboro Legal Group – 615‑546‑5551

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