Having your driver’s license taken away with no proof of guilt? Believe it because it’s happening all over the country.
For simply refusing a chemical test for alcohol, police have the right to immediately suspend your driver’s license. This is due to a law known as implied consent. Implied consent simply refers to any driver who must take a chemical test when requested by a police officer. Every state has some type of implied consent law in place.
Your driver’s license may also be immediately suspended if a test is submitted and the blood alcohol content is .08% or higher. Every state has a legal limit set in place to stop drivers from drinking and driving.
When the license is suspended, the officer will give a notice of suspension, which also serves as a permit to drive for 7-90 days before the suspension takes place. Depending on the state, the suspension generally lasts 90 days, but may last up to a year.
This “on the spot” suspension is completely separate from the DUI charge the same suspect may receive; causing many to believe it is double jeopardy. As unjust as the law may appear, it is the law and it is a serious inconvenience to motorists.