What You Should Know About the Implied Consent Law

You’re driving down the road after a night out drinking with friends when you see the red and blue lights of a patrol car. The officer involved has been following you and has a suspicion that you’re driving under the influence. Instantly, the implied consent law has gone into effect. You’re probably wondering what this means and if it’s legal to even apply it without you knowing. All these concerns are appropriate, and therefore the following includes important information you should know regarding this law.

Why the Implied Consent Law Goes Into Effect Instantly

First things first, all states within the United States have a form of the implied consent law. Therefore it is imperative to research your particular state’s wording. However, many do have remarkably similar wording that leads to the same actions being taken. All of them don’t require a person to know these laws before it applies to them. The reason why you don’t have to know about this law going into effect when you’re stopped is that it is implied that by you getting into your car and driving, that in and of itself serves as consent.

Field Sobriety Tests

One of the most common tactics used by police officers to determine if you’re intoxicated or not is the field sobriety test. This usually includes standing on one leg, walking in a line, or touching your nose with one finger. This, of course, is not required. What is required by law is a chemical test which often takes place at the police station.

Refusing the Chemical Test

As stated above, the chemical test is legally required, and therefore, a personal injury attorney would advise against refusing to do it. Police officers will see this refusal to take the chemical test as an admission of guilt. This will no doubt lead to you receiving a license suspension for a year if this is your first offense.