Implied Consent

One Agreement You’ve Probably Never Heard About

Imagine for a moment you’re standing in the line at your department of motor vehicles. You’re in a hurry, but clearly the workers are not! You’ve passed your driver’s license test and are ready to give the state your information. What you probably didn’t realize in the hustle and bustle of exchanging information is that you have agreed to the state’s Implied Consent Law just for obtaining your driver’s license. Implied consent? You’ve never heard of it.

This “agreement” with the state is the idea that when you get your driver’s license, you agree that if you are ever arrested for DUI or DWI you will submit to a chemical test if properly requested by police. In fact, getting your driver’s license was implicit on this agreement, thus implied consent.

Implied consent laws may have varying penalties from state to state, but you should know that every state has some implied consent law in place. If you were traveling outside the state in which you reside at the time of your DUI/DWI arrest, the implied consent law applies to the state where you were arrested.

Implied Consent and Double Jeopardy

No, this has nothing to do with Alex Trebek. With implied consent, you can face a legal double jeopardy. Depending on your state, a DUI/DWI arrest can prompt an administrative license suspension with the department of motor vehicles. However, all DUI/DWI arrests also trigger a case in criminal court, where you could also face driver’s license suspensions. Why is this not considered double jeopardy or being charged twice with the exact same crime? That is because the case with the department of motor vehicles is civil, not a criminal charge.

So, what is the point of implied consent? The state wants you to submit to a chemical test as a way of “proving” you were drinking and driving. A chemical test (blood, breath or urine) measures your blood alcohol content. If you go over the state’s legal limit (.08%) this is considered DUI/DWI. With your chemical test results, the state has a tighter case against you and the prosecution can use your test results in court (if they are deemed legal evidence).

Because of implied consent laws, refusal to take a chemical test can result in more severe consequences than if you had taken the test and failed (depending on your specific case). With DUI/DWI laws getting stricter, it is imperative that you hire an experienced DUI attorney to defend your case.