Drunk Driving and Implied Consent

Whenever you choose to get behind the wheel whilecharges and also as strong evidence to support a DUI
you are intoxicated, you risk being pulled over andconviction.
arrested for drunk driving. Police officers have aIf you choose not to comply with the Implied Consent
number of methods to help determine whether or notLaw, you are not guaranteed protection from arrest.
you are drunk beyond the legal limit, including fieldYou may still be arrested if a police officer has reason
sobriety tests, blood or urine samples, and breathalyzerto believe that you are drunk. If he or she can provide
tests. If you are pulled over you may be asked toother evidence that you were intoxicated beyond the
submit to one or more of the above tests tolegal limit, you may still receive a DUI conviction. In
determine your drunkenness.addition to facing the penalties for a DUI, you will also
What is Implied Consent?be subject to the penalties for withdrawing implied
All states now have some form of an Implied Consentconsent, called Refusal. Some states classify Refusal
Law. An Implied Consent Law means that, wheneveras a crime, so even if you are found to be innocent on
you choose to drive on the roads in a state, you areDUI charges, you may still end up with a criminal record
automatically agreeing to consent to blood, urine, orfor refusing to submit to a blood, urine, or breathalyzer
breathalyzer tests if you are pulled over for drunktest.
driving. These tests tell the officer whether your bloodWhy You May Need a Lawyer
alcohol content (BAC) level is above the legal limit.DUI and Refusal charges carry serious penalties if you
Refusing to comply with an officer's request to takeare convicted and result in a criminal record which
one of these tests results in penalties set by thatcould hurt you personally and professionally. A DUI
particular state.defense lawyer is familiar with the common types of
The Consequences of Implied Consentevidence used by the prosecution and knows how to
If you comply with the Implied Consent Law and takefind weaknesses in the case against you. A good
a blood, urine, or breathalyzer test, you may be able tolawyer will aggressively defend your case and fight to
immediately prove that you are under the legal BACdefend your rights in a court of law.
limit and you may be released without charges.For sound legal advice on defending against DUI and
However, if the test shows that you are over the legalRefusal charges, visit the website of Rhode Island DUI
limit, this can be used as grounds for arrest on DUIdefense attorney James Powderly here.