Implied Consent In A DUI Charge Explained

Aug 25

When an officer flags you down for suspected DUI, the first thing they will do is have you undergo a breathalyzer test to determine your blood alcohol content (BAC). However, not everyone are willing to subject themselves to such kind of procedures. According to the National Highway Traffic Safety Administration, more than 20 percent of drunk driving suspects in the US refuse to take a breathalyzer test when stopped by a police officer.

According to the website of Horst Law, refusal to take a chemical test after being placed under arrest subjects you to being charged for violating the law on implied consent. This rule states that if you have been arrested for DUI, you agree to be subjected to blood, urine, or breath tests for the purpose of determining your BAC. The law prohibits you to consult an attorney before the testing and the test should be administered as soon as possible from the time you were driving. The arresting officer chooses the test you will take but you can choose the additional tests administered by a doctor of your choice.

With implied consent, you can still be arrested for DUI even if you are not the driver. As long as you have physical control of the vehicle, it is enough ground for the officer to arrest you. In addition, the law says that you consent to taking a preliminary breath test even if you were not arrested. The result of the test will be used by the officer to determine if there is probable cause that you were indeed driving while intoxicated. While you can refuse to take the test, doing so would not help your cause as the officer may think you had been drinking. The law enforcer can use that reason to still arrest you.

When you are arrested, the officer will remind you that your license will be suspended if you refuse to take a test. For first refusal, the suspension will be valid for one year while succeeding refusals will result to license suspension for three years. The officer will then submit a sworn report to the Secretary of State detailing the reasons for your refusal.

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