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State v. Collins6/29/2005
ead by the officer was "wholly deficient," the trial court also held that the State could not argue to the jury that Collins knew he would lose his license if he refused the test, because Collins was not in fact going to lose his license.
The trial court granted the State's request to continue the trial in order to permit the State to pursue an interlocutory appeal as to whether it could seek suspension of Collins' license and as to whether it could argue to the jury that Collins refused the breath test knowing that he would lose his license. The Court of Criminal Appeals granted the interlocutory appeal and reversed the trial court, holding that Collins was adequately informed of the consequences of refusing the breath test. The court reasoned that it would be cumbersome and confusing to attempt to inform a suspect of all possible consequences of refusal under the revised statute. Because Collins was informed that his license would be suspended, the Court of Criminal Appeals reasoned that " ny additional explanation of the consequences of refusal would be gratuitous on the officer's part." The court also held that the State would not be precluded from arguing to the jury that Collins knew his license would be suspended if he refused the breath test.
We granted review.
Analysis
This case requires us to interpret Tennessee Code Annotated section 55-10-406. We undertake statutory interpretation de novo, with no presumption of correctness given to the courts below. State v. Wilson, 132 S.W.3d 340, 341 (Tenn. 2004).
The requirement that officers advise drivers of the consequences of refusing an alcohol or drug test is set forth in section 55-10- 406(a)(2). As of September 28, 2000, the date of Collins' arrest, that section provided in pertinent part:
Any law enforcement officer who requests that the driver of a motor vehicle submit to a test pursuant to this section for the purpose of determining the alcoholic or drug content of the driver's blood shall, prior to conducting such test, advise the driver that refusal to submit to such test will result in the suspension of the driver's operator's license by the court and, if such driver is driving on a revoked, suspended or cancelled license, when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106, vehicular homicide under § 39-13-213, aggravated vehicular homicide under § 39-13-218, or driving under the influence of an intoxicant under § 55-10-401, that the refusal to submit to such test will, in addition, result in a fine and mandatory jail or workhouse sentence. The court having jurisdiction of the offense for which such driver was placed under arrest shall not have the authority to suspend the license of a driver who refused to submit to the test if the driver was not advised of the consequences of such refusal.
Tenn. Code Ann. § 55-10-406(a)(2) (emphases added). We note that Collins was advised only that refusal to take the breath test would subject him to a suspension of his license, not that there was a possibility of a fine or jail sentence. Since there is no evidence that Collins was driving on a revoked, suspended or cancelled license at the time of his arrest, however, the "consequences" of his refusal to take the test were limited to suspension of his driver's license. We express no opinion as to whether the officer's statement would have been deficient had Collins been subject to a fine or jail sentence.
The consequences of refusing to take an alcohol or drug test are set forth in section 55-10-406(a)(3) which, as of September 2000, stated in pertinent part:
If su
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