Implied Consent
Implied consent is a law that states use as a way to persuade you against refusing to submit to a chemical test (blood, breath or urine). The reason for this is simple: the state wants you to take a chemical test so that they can gain evidence that you are impaired. They will then turn around and use this evidence against you in a court of law. But remember, with an experienced DUI defense attorney on your side, you can fight the prosecution’s claims and the evidence against you. This law is called implied consent because as an exchange for you being a licensed driver in your state, they require you to submit to a chemical test should police have probable cause that you are DUI. So when you obtain your driver’s license, you are giving your implied consent that you will take a chemical test if asked by police officers.
Assuming that police had probable cause to stop you and start a DUI investigation, it’s best to follow their instructions. However, they cannot force you to take a chemical test. Rather, they can only warn you of the consequences of failing to do so. But you do have every right to refuse to take a chemical test if that is your request.
The penalties for violating the Implied Consent law are serious nationwide. Many departments of motor vehicles will automatically suspend your license upon receiving notification that you have refused a chemical test. This will happen even before you appear in criminal court.
In many states, the penalties for violating the Implied Consent law are more severe than if you had taken the chemical test and failed. This is the state’s way of punishing those who do not comply and some states will argue that you refused the chemical test because you knew you were guilty.
Remember that if you did not take a chemical test, your lawyer can still find weaknesses in the prosecution’s case. The most important thing to do after you are arrested for DUI is to quickly contact a defense attorney so that he or she has ample time to build you a solid defense.
