What Is Implied Consent

Location: Home >> DUI DWI >>What Is Implied Consent
Find Legal Info and More @ LegalInfo.com!
 

When dealing with driving under the influence or driving while intoxicated charges, the term ‘implied consent’ come up quite often. For the safety of our citizens, the implied consent law was brought into fruition. This basically means that if you have your driver’s license and are driving a car, then you agree to be subjected to a test by a law enforcement official to determine whether or not you are under the influence of alcohol. This is done by a test of the blood, urine or breath. The breath analysis is the most common form since it can be done on site instead of having to bring the specimens to a laboratory.

There are a lot of people who don’t agree with the implied consent rule. However, since so many people still choose to drive while under the influence of alcohol, it is a rule that is necessary. If you are deemed responsible enough to drive a car, then you should be able to be responsible enough to refrain from driving if you have been drinking. However, you should remember that there are certain limitations. In most states, you are allowed to have a certain level of alcohol in your blood. Usually, the blood alcohol level cannot exceed 0.08, so, if you have not been drinking or only had one beer, you should have no problem consenting to this test.

There are some people who don’t know what implied consent is. These are the people who refuse to take the test when they are commanded to by an officer of the law. However, you should understand that this can in fact put you in more legal trouble than if you were to take the test and it proved that you were intoxicated. You can have your license suspended for refusal to take the test on top of being charged with impaired driving, so it is advisable to cooperate with the officer. Most roadside tests are simple breath tests. These are usually done with a breathalyzer and only take a few seconds. If you are not drunk, then you should have no problem taking this test.

If you have been hit by a drunk driver, then you need to consult an attorney immediately. You should not be held responsible for the costs of having your car repaired or medical expenses. A good lawyer will be able to help you to assert your legal rights.