Tennessee Code Annotated

Tenn. Code Ann. § 55-10-407 (2026)

Penalty for violations of Section 55-10-406

✓ current as of May 2026

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(a) If the court finds that the driver violated § 55-10-406, the driver is not considered as having committed a criminal offense; provided, however, that the court shall revoke the license of the driver for a period of:
- (1) One (1) year, if the person does not have a prior conviction as defined in subsection (e);
- (2) Two (2) years, if the person does have a prior conviction as defined in subsection (e);
- (3) Two (2) years, if the court finds that the driver involved in a collision, in which one (1) or more persons suffered serious bodily injury, violated § 55-10-406 by refusing to submit to such a test or tests; and
- (4) Five (5) years, if the court finds that the driver involved in a collision in which one (1) or more persons are killed, violated § 55-10-406 by refusing to submit to such a test or tests.

(b) If a person's driver license is suspended for a violation of § 55-10-406 prior to the time the offense for which the driver was arrested is disposed of, the court disposing of such offense may order the department of safety to reinstate the license if:
- (1) The person's driver license is currently suspended for an implied consent violation and the offense for which the driver was arrested resulted from the same incident; and
- (2) The offense for which the person was arrested is dismissed by the court upon a finding that the law enforcement officer lacked sufficient cause to make the initial stop of the driver's vehicle.

(c) The period of license suspension for a violation of § 55-10-406 runs consecutive to the period of license suspension imposed following a conviction for § 55-10-401 if:
- (1) The general sessions court or trial court judge determines that the driver violated § 55-10-406; and
- (2) The judge determining the violation of § 55-10-406 finds that the driver has a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the violation of § 55-10-406 for:
  - (A) Implied consent under § 55-10-406;
  - (B) Underage driving while impaired under § 55-10-415;
  - (C) The open container law under § 55-10-416; or
  - (D) Reckless driving under § 55-10-205, if the charged offense was § 55-10-401.

(d) Any person who violates § 55-10-406 by refusing to submit to either test or both tests, pursuant to § 55-10-406(d)(4), shall be charged by a separate warrant or citation that does not include any charge of violating § 55-10-401 that may arise from the same occurrence.

(e)
- (1) For the purpose of determining the license suspension period under subsection (a), a person who is convicted of a violation of § 55-10-401 is not to be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a) if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense. If, however, the date of a person's violation of § 55-10-401 is within ten (10) years of the date of the present violation, then the person shall be considered a multiple offender and is subject to the penalties imposed upon multiple offenders by this part. If a person is considered a multiple offender under this part, then every violation of § 55-10-401 that resulted in a conviction for such offense occurring within ten (10) years of the date of the immediately preceding violation is considered in determining the number of prior offenses. However, a violation occurring more than twenty (20) years from the date of the instant violation is never considered a prior offense for that purpose.
- (2) For the purpose of determining the license suspension period under subsection (a), the state shall use a conviction for the offense of driving under the influence of an intoxicant, vehicular homicide involving an intoxicant, vehicular assault involving an intoxicant, aggravated vehicular homicide involving an intoxicant, or aggravated vehicular assault involving an intoxicant that occurred in another state or territory, as defined in § 55-10-405.
- (3) For the purpose of determining the license suspension period under subsection (a), a prior conviction for the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218 is treated the same as a prior conviction for a violation of driving under the influence of an intoxicant under § 55-10-401.

Amended by 2019 Tenn. Acts, ch. 187, s 10, eff. 7/1/2019.

Amended by 2017 Tenn. Acts, ch. 304, s 3, eff. 7/1/2017.

Amended by 2017 Tenn. Acts, ch. 304, s 2, eff. 7/1/2017.

Amended by 2016 Tenn. Acts, ch. 876, s 7, eff. 7/1/2016.

Amended by 2013 Tenn. Acts, ch. 344, s 3, eff. 5/13/2013.

Amended by 2013 Tenn. Acts, ch. 154, s 7, eff. 7/1/2013.

Acts 1969, ch. 292, § 3; 1970, ch. 427, § 4; T.C.A., § 59-1046; Acts 2005, ch. 483, §§ 3, 4.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1983–2026 · leading case: State v. Gilbert, 751 S.W.2d 454 (Tenn. Crim. App. 1988).

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State v. Gilbert, 751 S.W.2d 454 (Tenn. Crim. App. 1988). · cites it 4× “§ 55-10-407 simply provides that the results of chemical tests of blood, urine and breath, which are performed to determine the amount of alcohol or presence of drugs contained in the defendant’s blood, are admissible as evidence in such cases.”

State v. Johnson, 717 S.W.2d 298 (Tenn. Crim. App. 1986). · cites it 2× “TCA § 55-10-407 provides as follows: Upon the trial of any person charged with a violation of this chapter, the results of any test made of the person so charged shall be admissible in evidence in criminal proceeding.”

State v. Shelton, 649 S.W.2d 24 (Tenn. Crim. App. 1983). · cites it 2× “T.C.A. § 55-10-407 provides that upon the trial of any person charged with a violation of Title 55, Chapter 10, the results of any test made of the person so charged shall be admissible in evidence in criminal proceedings.”

State of Tennessee v. Robert S. Neal (Tenn. Crim. App. 2002). · cites it 7× “The state correctly points out that the defendant was charged with two counts of child endangerment, § 55-10- 414, which are within the chapter referenced in § 55-10-407(a).”

State of Tennessee v. Christopher Bernard Simmons (Tenn. Ct. App. 2018). · cites it 4× “2016) (“[T]he Supreme Court’s holding in Birchfield is limited to those states in which criminal penalties are imposed based upon a refusal to submit to a blood test.”).”

State of Tennessee v. Joshua Morris (Tenn. Crim. App. 2026). · cites it 3× “1995)); see also Tenn. Code Ann. § 55-10-407 (a) (2019) (providing that if the court finds that the driver violated the implied consent statute, “the driver is not considered as having committed a criminal offense”); State v.”

State of Tennessee v. William James Andrews (Tenn. Crim. App. 2023). · cites it 2× “If you refuse to provide a sample for testing, and the Court finds that you refused, TCA §55-10-407 requires that your license will be suspended for at least one (1) year and up to five (5) years, depending on your driving history.”

State of Tennessee v. Gail Lynn Padgett (a.k.a. \Gail Lynn Nevels\")" (Tenn. Crim. App. 2012). · cites it 2× “” T.C.A. § 55-10-407(b) (2008). In the present case, during direct and cross examination of Officer Wilson, the jury was informed that Officer Wilson decided against requesting the Defendant to submit to a blood alcohol test.”

State of Tennessee v. Travis Wilson (Tenn. Crim. App. 2014). · cites it 2× “” The State responded that Tennessee Code Annotated section 55-10-407 required that an offender be under the influence of an intoxicant but that “there’s nothing that says it has to be quantified.”

State of Tennessee v. James Dean Wells (Tenn. Crim. App. 2014). · cites it 2× “The first sentence of this subsection is now located in Tennessee Code Annotated section 55-10-406(d)(1), and the penalties have been moved to Tennessee Code Annotated section 55-10-407. 8 On May 9, 2012, prior to the defendant’s violation, the Legislature amended this…”

State of Tennessee v. Cedrick Dewayne Whiteside (Tenn. Crim. App. 2019). “If you do refuse to provide a sample for testing, and the Court finds that you refused, T.C.A. 55-10-407 requires that your license will be suspended for a least one year and up to five years, depending on your driving history.”

— Tenn. Code Ann. § 55-10-407(a) — 2 cases

State of Tennessee v. Robert S. Neal (Tenn. Crim. App. 2002). “The state correctly points out that the defendant was charged with two counts of child endangerment, § 55-10- 414, which are within the chapter referenced in § 55-10-407(a).”

State of Tennessee v. Joshua Morris (Tenn. Crim. App. 2026). “1995)); see also Tenn. Code Ann. § 55-10-407 (a) (2019) (providing that if the court finds that the driver violated the implied consent statute, “the driver is not considered as having committed a criminal offense”); State v.”

— Tenn. Code Ann. § 55-10-407(b) — 1 case

State of Tennessee v. Gail Lynn Padgett (a.k.a. \Gail Lynn Nevels\")" (Tenn. Crim. App. 2012). “” T.C.A. § 55-10-407(b) (2008). In the present case, during direct and cross examination of Officer Wilson, the jury was informed that Officer Wilson decided against requesting the Defendant to submit to a blood alcohol test.”

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