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What is implied consent?

On Behalf of | Oct 21, 2021 | DWI Defense |

When an officer asks that you take a DUI test during a routine traffic stop, what do you think about it? Do you think that this is not mandatory? Do you think it is within your right to refuse?

If you do, you are incorrect. Thanks to implied consent laws, any time you use public roads you automatically tell law enforcement that you are okay with taking DUI-related tests.

DUI related implied consent laws

Cornell Law School takes a look at implied consent laws in the country. An implied consent law applies in situations where any reasonable person could assume that a party has given their consent, even if they did not verbalize this consent or confirm it out loud.

In specific relation to DUI incidents, implied consent laws cover grounds related to DUI testing. Specifically, the implied consent law states that if you use public roads, you give your consent to take any DUI-related test that an officer may request of you.

Knowing what happens if you refuse

Of course, officers cannot physically force you to take a test if you refuse. But they must then alert you to the consequences that a refusal will bring about. This can include license suspension for up to a year, fines, and the possibility of the refusal ending up used against you in court. After all, a judge can easily declare this denial as a sign of guilt, stating that you would not have avoided the test if you had nothing to hide.

On top of that, you will still have to deal with penalties for refusing a DUI test even if you do not get convicted of driving under the influence. On a whole, it is a pointless endeavor that will only end in extra stress for you.