Implied Consent Law
Most people realize that they should comply with the requests of law enforcement officers, but did you know there is a law that makes it illegal to refuse some police officer requests when you are pulled over whilst driving? It is called the implied consent law.
The implied consent law means that you must consent to the following things if asked by a law enforcement officer:
- Showing your driver’s license
- Showing proof of insurance
- Performing a field sobriety test
- Consenting to BAC tests like breathalyzers, urine, breath or blood tests
It is called the implied consent law because these requirements are a condition of getting a driver’s license. Therefore by having a driver’s license it is implied you consented to these tests.
Implied Consent Law: Penalties For Refusing a Breathalyzer
If you refuse a breathalyzer or anything else covered by the implied consent law, then you will face penalties. These penalties can be difficult to defend against without a reasonable explanation for your refusal. The law enforcement officer can arrest you for intoxication even without conducting a field sobriety test or BAC test, and breaking the implied consent law by refusing testing will not look good in the eyes of the jury.
On top of possible arrest, when you break the implied consent law, your license will be suspended for up to a year. This is the penalty for breaking the implied consent law, and your license will be suspended even if you are acquitted of the DUI.
Implied Consent Law When Driving in Other States
If you are pulled over by law enforcement officers in another state, then you are subject to the laws of the state you are driving in. This means the implied consent laws of that state apply, not the implied consent laws of the state where you got your driver’s license.