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Implied Consent Laws

Breath Test Refusal & Implied Consent Laws

Possessing a valid drivers license and being afforded the opportunity to operate a motor vehicle in any state is a privilege. It is absolutely not a right as many people believe. Having a valid drivers license brings with it responsibilities that must be met if you are going to be licensed to operate motor vehicle. One of those obligations is adhering to Implied Consent Laws if you are charged with DUI. DWI, OUI or OWI.

Being charged with any type of DUI such as first offense, subsequent offense, drugged driving, etc. is very serious and needs to be treated as such. Contact our DUI Defense Attorneys to discuss your case. In the face of a DUI charge, even a misdemeanor DUI charge, you need experienced legal representation to protect your rights and driving privileges. Proudly serving those facing any and all types of impaired driving charges in all 50 states, Puerto Rico and Washington D.C., California, Florida, Nevada, Maryland, Texas, Pennsylvania, Delaware and New Jersey.

Overview Of Implied Consent Laws

All states have an “implied consent” law. That means if you drive in that particular state and are suspected of DUI, impaired driving, etc. you voluntarily agree to a chemical test to determine the degree of impairment.

Implied consent laws include:

  • Producing a driver’s license and proof of insurance when asked
  • Consenting to blood, urine, or breath tests to determine your blood-alcohol content if requested.
  • Performing field sobriety tests if requested.

Not taking or being unable to complete field sobriety tests (FST’s) carries a penalty of immediate loss of license and/or driving privileges for a period of time in addition to the penalties for DUI. The length of time you lose you driving privileges becomes longer with each subsequent DUI offense.

When you signed forms to apply for a driver’s license, you agreed to comply with requests by law enforcement officers to take chemical testing to determine your blood-alcohol content (BAC).Chemical testing includes breath, blood, and urine testing. A breath test can be administered roadside or at any location; blood and urine testing can only be performed at a medical facility or detention facility.

In addition, some states consider your refusal to submit to chemical testing as an admission of guilt and allow your refusal to be used as evidence against you in court. It is highly likely that you will face more severe punishment by the courts if you refuse chemical testing. When facing any type of DUI or criminal charge it behooves you to consult with an experienced DUI Defense Attorney. They will attempt to have your charges dropped or dismissed and if that is not possible they will do everything necessary to lessen the negative effects of your charges.

Our DUI Attorneys Know Implied Consent Laws

Our team of DUI attorneys have a wealth of experience handling all types of DUI charges and criminal cases throughout the United States. If you, or your child, have been charged with DUI, DWI or OUI please click here to email our DUI defense attorneys. With their many years if experience they will do everything necessary to effectively protect your rights, your freedom and your academic future.

No matter what state you were arrested in our team of DUI attorneys can help as they serve all 50 states and Washington D.C. including: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto RicoRhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wyoming and Wisconsin.