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Implied Consent

Implied consent has been introduced in many states as a reaction from strong anti-DUI groups. Implied consent works under the logic that if you agree to obtain a driver’s license, you also agree to submit to an alcohol test any time you are driving. Receiving the driver’s license automatically binds the driver to the contract.

Most states require the reading of a warning as they request the test. The warning summarizes the consequences of refusal and the right the driver has to take an additional test at the facility of their choice after the initial testing. If the warning was not read, the suspect, with the help of a DUI lawyer, may be able to have the results thrown out, or the consequences of test refusal minimized or eliminated.

Should I Refuse the Tests?

In most circumstances, it is generally a bad idea to refuse alcohol testing. If the test is being requested as a result of a serious car accident or other major circumstance, it may be worth the refusal license suspension. The sentence for failing the test may also be lessened, seeing as the suspect was coerced by the law. Remember, if you feel the test was inaccurate, you may be able to retake the test at a facility you choose.

What are the Typical Consequences for not Submitting to the Test?

The suspect’s driver’s license will be immediately confiscated and suspended. The suspension lengths vary from jurisdiction, but are generally 90 days to one year. The officer will give the citation to the driver, which also acts as a temporary driver’s license for typically 30 days. The notice also gives the driver the right to an administrative hearing.

These consequences are in addition to any DUI charges. Sound like double jeopardy? Many attorneys think so. DUI attorneys also bring up many good arguments for the laws’ unconstitutional leanings.

How do I Defend my DUI Charge?

Contact a DUI lawyer immediately! They can explain your state’s implied consent law in detail in addition to every facet of your case in a calm, helpful manner. There are hundreds of tactics they use everyday to poke holes in the government’s case against you.