| Almost everyone is familiar with the various forms of | | | | suspend the driver's license through a civil action. This |
| chemical tests available to law enforcement for | | | | is in addition to any loss of your license that you might |
| determining whether a person is driving under the | | | | receive stemming from the criminal trial of your case. |
| influence. Whether it be field-administered breathalyzer | | | | Essentially, getting arrested for DUI can mean that you |
| tests or more precise urine or blood tests, police | | | | get punished twice (civilly and criminally). |
| officers have the means to conclusively demonstrate | | | | Implied Consent Laws exist for one reason. Your state |
| whether or not you are chemical impaired beyond the | | | | wants you to take a chemical test without offering up |
| limits of the law. However, what many may not know | | | | any resistance. Why? Because it make it easier for |
| is that before you even see those lights flashing in | | | | law enforcement to prove that you were driving under |
| your rear view mirror you have already consented to | | | | the influence. |
| submit to these forms of testing. | | | | All chemical tests are designed to perform the same |
| In fact, you committed to comply with any law | | | | function - to measure the amount of alcohol in your |
| enforcement officials proper request that you submit | | | | bloodstream (BAC). These chemical tests, when |
| to a chemical test the moment you got your driver's | | | | administered properly, are fairly accurate and can be |
| license. All 50 states now have some form of Implied | | | | used as conclusive evidence of your blood alcohol |
| Consent Law. These laws state that by the very act | | | | content being over the state's limit (usually 0.08%). |
| of obtaining a driver's license in your state you are | | | | Without this conclusive evidence, the court has to rely |
| agreeing to take a chemical test to determine if you | | | | on the arresting officer's judgment as to whether or |
| are under the influence, provided that you are asked to | | | | not you were legally impaired. Taking a chemical test |
| do so in the correct way. | | | | helps to strengthen the case against you (if you are |
| This doesn't mean that you automatically have to | | | | over the limit), so of course, the state has good reason |
| submit to a breathalyzer test if a police officer asks | | | | to form laws to pressure you into being compliant to |
| you to. You can still decline. However, by virtue of your | | | | take them. |
| implied consent, if you refuse to take such a test you | | | | Unfortunately, many of the Implied Consent Laws |
| can be subject to even heavier fines and other | | | | stipulate harsher punishments for individuals who |
| penalties. What is more, your implied consent carries | | | | refuse to take the tests than what you might receive |
| over into any other state that you drive in. It is not | | | | if you are actually convicted of DUI. Because these |
| limited to the state that issued your license. | | | | laws are so strict, the best bet for a person charged |
| Your state's Implied Consent Law can mean a lot of | | | | with DUI is to get a good attorney who can defend |
| trouble for you if you are arrested for driving under the | | | | the case, possibly exposing errors in the way that you |
| influence (or driving while intoxicated, etc.). Many Implied | | | | were asked to take the test or in the way the test |
| Consent Laws carry provisions which allow the state's | | | | was administered. |
| department of motor vehicles to administratively | | | | |