(a). Tenn.Code Ann. § 55-1CM06. Violation of the implied consent law is not a criminal offense unless the individual was driving while under a revoked or suspended license due to a prior DUI conviction or other enumerated offense. See Tenn.Code Ann. § 55 — 10—406(a)(4)—(5). A conviction under the implied consent law results in a license revocation for a period of one year. Tenn.Code Ann. § 55-10-406(a)(4)(A)(i). The determination of whether a driver violated the implied consent law “shall be made at the same time and by the same court as the one disposing of the offense for which such driver was placed under arrest.” Tenn.Code Ann. § 55-10-406(a)(3); see also State v. MacKinnon, No. E2009-00093-CCA-R3-CD, 2011 WL 1460167, at *2 (Tenn.Crim.App. March 30, 2011) (no perm. app. filed) (<HOLDING>). In this case, the trial court found that Mr.
holding that the implied consent statutes are irrelevant when the defendant gives actual consent to a blood or breath test holding that the trial judge rather than the jury makes the determination of whether the defendant violated the implied consent law recognizing the range of discretion of the trial judge holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga  405671 holding that trial judge should have granted new trial rather than judgment notwithstanding the verdict because the judge could not know in what order the jury reached its inconsistent verdicts