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What you should know about DUI and implied consent

On Behalf of | Nov 17, 2022 | DUI

As a motorist you know you should never drive when your blood alcohol level (BAC) is beyond the state’s legal limit. If you are caught, you may be charged with drunk driving; and the consequences following a conviction can be far-reaching. 

If you are stopped for a DUI investigation, the police will most likely direct you to take a breathalyzer test. This test is meant to determine your BAC level. While you may decline this test, doing so may lead to consequences because of implied consent laws

Here’s what you should know:

What is implied consent?

Driving is a privilege, thus, by obtaining a driver’s license, you will be giving law enforcement permission to stop and investigate you for drunk driving if they have probable cause to do so – this is known as implied consent. 

What happens if you refuse to take the breathalyzer test?

While you are considered to have given implied consent to a breath test during a DUI stop, you can still refuse the breathalyzer test. However, as stated above, doing so has consequences, such as having your license suspended, even if you are acquitted of the original DUI charges.

Besides the suspension of your driver’s license, a refusal to take the breathalyzer test can also lead to additional charges. Besides, this will not stop the police from pressing ahead with your DUI charges. 

Being charged with drunk driving is a big deal. You may need to find out how you can protect your rights and interests while dealing with a DUI charge.