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Does implied consent apply to DUIs?

On Behalf of | Feb 27, 2022 | Blog, DUI

When an officer pulls you over on suspicion of DUI, they will likely want to administer a BAC test. Though breath analysis tests can feel invasive, do you actually have a right to refuse to take one?

Due to implied consent laws, the answer to this question might be more complex than you first think.

What are implied consent laws?

Cornell Law School looks at implied consent laws and what they are. In general, an implied consent law applies in situations where you can accurately assume that someone has given their consent for something even if they do not give it in writing or speech. A popular example involves the implied consent to get vaccinated if you make an appointment, attend it and allow the doctor to give you the shot.

When it comes to driving, implied consent applies to the use of public roads. By using these roads, you imply that you give your consent to officers who may want to test you for a high BAC level. This is to help protect other drivers on the road.

Risks of refusal

By trying to refuse a breath analysis test even with the presence of implied consent laws, you risk getting into even more trouble than you otherwise would have. You could risk additional time in jail and fines getting tacked on if you end up convicted of a DUI crime.

Even if you do not get convicted of the DUI crime in question, you will lose your license for a year. This can seriously put your life in an unexpected bind, and it is why you should not refuse breath analysis tests if asked.



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