DUI


Creation and Purpose of Implied Consent Laws

Creation and Purpose of Implied Consent Laws

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Creation and Purpose of Implied Consent LawsImplied Consent laws were created as another deterring These laws exist in every state and a person is signed to abide by them, when they apply and sign for a driver's license in that state. One of their intentions, is to lower the number of DUI arrests. These laws impose penalties on a driver should they refuse to take a test to show their BAC. However, these laws can also include performing  a sobriety test if requested by an officer, and also showing a valid driver's license and proof of insurance. When a person refuses a blood alcohol test, whether it is blood, urine, or breathImplied Consent laws generally prevent driver's from dodging a DUI arrest simply by refusing to take part in a test, and still continue to drive drunk. 

Due to their challenges in the court by defense attorneys, states have been very careful on how they categorize the penalties of such laws. For example, since some criminal defense attorneys can win a case by challenging the license suspension along with criminal action as a double jeopardy case, states had to alter the way they listed the suspension. This is why they will place license suspension as an administrative action by the Department of Motor Vehicles, as opposed to a criminal issue. This prevents such defenses from challenging these laws in court. The penalties that are imposed for refusing to take a blood alcohol test are usually much more severe than those that would exist if a person was to fail a field sobriety testconsequences

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