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To: Drew68
Her first mistake was voluntarily exiting her vehicle.

The reason for the police contact was hearsay from a third party that the officer did not witness.

She volunteered to assist in the officer’s fishing investigation.

Several lawyers on YouTube stating that no one will pass a field sobriety test for a cop that wants to make a arrest.

I could never pass their physical agility test if forced to perform such test.

*LE is not entitled to a healthy victim to take a field sobriety test.

6 posted on 06/21/2022 5:04:41 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
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To: Deaf Smith
Laws vary by state.

"Refusing a field sobriety test in TN does not result in an immediate arrest or an automatic DUI. What you ARE required to do is take a chemical test or risk forfeiting your license due to implied consent. There is absolutely NO benefit to taking the field sobriety test when stopped."

Implied Consent
Tennessee's implied consent law specifies that any person who operates a vehicle within the state is deemed to have consented to a breath test to determine the driver's BAC. However, the requirement to submit to testing is triggered only if the officer has probable cause to believe the driver was operating a vehicle while intoxicated.

>Unlike the laws of many other states, Tennessee's implied consent law does not extend to blood tests. An officer can ask a driver to take a blood test. But generally, a driver can't be penalized for refusing unless the officer has a warrant or there are exigent circumstances that excuse the warrant requirement.

Consequences of Refusal
License suspension. Refusal of a lawfully requested BAC test is a class A misdemeanor in Tennessee. Class A misdemeanors normally carry up to 11 months and 29 days in jail and a maximum of $2,500 in fines. However, a refusal isn't considered a criminal offense or sentenced as such. Instead, a refusal is penalized by license suspension.

There's a one-year license suspension if the driver has no DUI convictions that occurred within the past ten years. And if the driver does have priors within the past ten years, the suspension for a refusal will be two years. Depending on the circumstances, a refusal suspension might run consecutively to any suspension imposed for a DUI conviction.

13 posted on 06/21/2022 5:19:37 PM PDT by DannyTN
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