Implied Consent Law

Implied consent refers to the condition you agree to when applying for a driver’s license. When you sign these forms, you automatically agree to comply with a police officer’s request to take a breath, blood, or urine test should you be pulled over on suspicion of driving under the influence.

Just as each state has laws that prohibit operating a vehicle when your blood alcohol concentration (BAC) is .08% or higher, each state also has implied consent laws. These laws may be included in the fine print when applying for your driver’s license. Please note that if you are pulled over and asked to take a chemical test, you are subject to the laws of the state in which you were pulled over, not the state in which you received your license.

Implied consent laws may require a driver to do the following if pulled over on suspicion of drunk driving: produce a valid driver’s license and proof of insurance; consent to a breath, blood, or urine test in order to determine your BAC; and perform field sobriety tests if asked.

When you are pulled over, the police officer should read the implied consent warning to you. You may decline to perform a field sobriety test or chemical test, but you will incur additional penalties for doing so, possibly including a lengthy driver’s license suspension. It is worth mentioning that the only chemical test you are required to take is the one administered at the police station after arrest—portable breath tests administered roadside are entirely voluntary.

Even if you refuse to take a field sobriety or chemical test, you may still be arrested for driving while intoxicated if the officer has probable cause to believe you are under the influence. Behaviors such as running red lights, weaving, or failing to maintain your lane could give the officer probable cause to pull you over.

As mentioned earlier, you may face a license suspension for refusing to take a chemical test. This license suspension is imposed by your state’s department of motor vehicles and is separate from any driver’s license suspension you may receive in criminal court. This means that even if you are acquitted of any drunk-driving charges, your license will still be suspended.

Implied consent laws are complex. You need the skill of an experienced attorney in order to avoid the hardships of a driver’s license suspension. To learn more, please contact an implied consent lawyer in your area today.