Implied Consent

When an driver is stopped by a police officer under suspicion of drunk driving, they are often asked to submit to a breathalyzer test to show whether or not they are breathalyzerlegally intoxicated. In most cases, the driver will have the option to refuse to submit to this test. However, this does not come without its own consequences. In fact, refusal to submit to a breathalyzer is against the law in most states, under what are known as implied consent laws.

Implied consent laws hold that, merely by operating a vehicle on a public roadway, the driver has given their consent to be administered a breathalyzer test if suspected by a police officer of driving under the influence. Therefore, refusing a breathalyzer test will automatically result in license suspension and possibly even a short stay in jail. In addition, most police officers can get a warrant in a short amount of time to conduct a breathalyzer test against the individual’s wishes. If you believe that you have been wrongly accused of a DUI or DWI, you should contact a DUI defense lawyer as soon as possible.

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