What does the implied consent law mean to a driver

If you have been stopped under suspicion of driving under the influence, an arresting officer is required by law to explain the consequences of refusing a test e. A driver will receive certain penalties for violating the implied consent law. The major consequences include enhanced penalties beyond the standard DUI sentencing and a mandatory license suspension regardless of the case outcome. A common defense that you can raise if charged with a DUI test refusal is to show that your arrest was not lawful; that is, an officer did not have probable cause for a DUI stop or arrest.

If your arrest was not lawful, then you never gave implied consent to a breath test. This could effectively dismiss your entire DUI case if successful. Rather than risk getting arrested for a DUI from drunk driving, many people choose to ride their bicycles. Unfortunately, it is Getting arrested can be a frightening, stressful, confusing, or otherwise emotionally overwhelming experience.

It is not uncommon Toggle navigation. Home Pricing About us Privacy. Keyword Research: People who searched implied consent means a driver also searched. Frequently Asked Questions. What exactly does implied consent mean? What does implied consent mean in relation to drunk driving? What is an example of implied consent?

What does the implied consent law mean in driving school? Search Results related to implied consent means a driver on Search Engine. Implied Consent Laws - FindLaw findlaw. Implied consent means that y… In all states, driving is a privilege and not a right. When interacting with the officer, be polite and respectful, but do not admit to anything. Do not consent to vehicle searches since there is no search warrant, and avoid trying to talk your way out of the situation.

If asked to take a field sobriety test, you may refuse, though it's generally not in a driver's best interests to refuse a blood, breath, or urine test if asked to do so. For more information about your legal rights following a DUI arrest, it's important that you contact a skilled DUI and criminal defense lawyer today. Attorney James Novak will help you make smart choices when it comes to all of your legal options.

What Does "Implied Consent" Mean? There are laws like this in states all across the country, and Arizona is no exception. An Example of Implied Consent Say you are driving home late on a Friday night and you are pulled over. Implied Consent and Refusal to Take Sobriety Tests While implied consent is a given when you receive a driver's license, a driver can refuse to submit to sobriety tests.

Should I Refuse a Sobriety Test? What You Should Do During a Traffic Stop If you are pulled over and suspected of drunk driving, it's generally in your best interest to make the traffic stop as problem-free as possible.