Implied consent laws affect you from the moment you apply for your first driver's license. If you don't know how implied consent works, you could face severe penalties. By knowing how implied consent works and how it affects you, you may be able to avoid harsh restrictions placed on your license, and more.
What Implied Consent Is
Implied consent is if an officer asks you to take a breath, blood or urine test to determine your sobriety, you are expected to comply. If you decline, you are subject to all the same penalties as if you had failed that test. In some states, the penalty for refusing tests are actually harsher than if you are convicted of a DUI. In order to comply with implied consent laws, you must:
- Provide a license and proof of insurance
- Consent to blood, urine and breath tests to determine the level of alcohol in your blood
- Consent to field sobriety tests
Under implied consent, when you apply for your driver's license, you are agreeing to take these tests. You are expected to comply with these tests because driving is seen as a privilege and not a right. Due to driving being a privilege and not a right, refusing to comply with implied consent is not protected by the Fourth Amendment.
The Penalties You Can Face
If you refuse to take a urine, breath or blood test when asked to, you may be facing an implied consent violation. The consequences of not complying with implied consent laws vary by state. If you violate implied consent, you could:
- Go to jail immediately
- Face steep penalties and fines
- Lose your license or have it restricted
- Face higher insurance costs
Sadly, these penalties are just the tip of the iceberg. If you violate implied consent and are then convicted of a DUI, the penalties are far steeper. The penalties for both a DUI and implied consent will also be steeper if you've been convicted of them more than one time.
Why You Need A Lawyer
If you denied being tested for your alcohol levels or denied taking a field sobriety test, you need a lawyer. A lawyer may be able to reduce the amount of penalties you face and may even be able to remove the DUI from your record. Contacting a lawyer is the best way to navigate the tricky legal waters surrounding your situation. It's also a surefire way to minimize the impact of a violation on your day-to-day life.
For professional legal services, contact a lawyer such as Elgart Ronald H.Share