Implied Consent
Signing the application for your driver’s license in any state is agreement to comply if a law enforcement officer requests you to perform standardized field sobriety tests, submit to a breath, urine, or blood test to determine intoxication levels, or to produce a driver’s license and proof of insurance. Known as implied consent laws, you are subject to those in the state in which you were arrested, not one where you obtained your driver’s license.
If stopped on suspicion of driving under the influence, an officer may read you an ‘implied consent notice’ and ask that you submit to a chemical test. A breath test can be conducted roadside or at a detention facility, while urine and blood tests may only be administered at a detention or medical facility. In some states it is the driver’s choice as to which test to take, but usually the officer chooses the testing method. The driver can request a second test of any type to validate the results.
Declining to submit to chemical testing incurs penalties as imposed by the state or county in which you are arrested. Punishment includes:
- fines
- insurance surcharges
- suspension or revocation of vehicle registration
- impoundment of the vehicle
- jail time.
An administrative hearing must be set within ten business days of the driver’s arrest in order to appeal the suspension or request a restricted license.
Most criminal defense attorneys challenge implied consent laws on the grounds that every person needs to be able to drive in order to lead a productive, normal life. Defense attorneys also argue double jeopardy: you are subject to criminal action for your DUI as well as license suspension. State officials avoid this situation by placing license suspension under administrative action by the DMV rather than a criminal issue. The reasoning that supports implied consent laws is that driving is a privilege, not a right, and that law enforcement officials must determine if you are a danger to the public.