Automatic license suspension for refusing a chemical test for alcohol is extremely universal in almost every state. The most commonly seen term for a suspended license under such terms is a year minimum. In addition to the suspended license, the person can see points on their driving record. This automatic license suspension is usually put into effect right away, and can not be contested once it has been put into a report that the person has refused to take the chemical test.
It is also handed out in cases where the driver refuses a field sobriety test. The suspended license is seen as an administrative action that is taken by the Department of Motor Vehicles under the implied consent law. This means that since it has been handed down by a civil agency, further suspension can result as a criminal charge. If a person is consequently given a DUI charge after their refusal, and found guilty, there can be more time added to their license suspension under the criminal offense. This matter has been argued in court charges
The automatic license suspension can be worse than if the person failed a sobriety test, in that, the penalty or license suspension could result in a lesser should they have failed the sobriety test. In addition to the automatic license suspension, a person can still be given a DUI charge and find themselves in more legal trouble than they already have. The automatic license suspension is used as a means to keep drunk drivers from legally driving should they refuse to take a test when requested by an officer under suspicion of DUI, with reasonable cause. If you need legal advice and assistance, contact DUI lawyers.
Implied Consent laws are laws that set a form on consent which is not given by a person, but derived from a person’s actions along with other details, depending on the type of situation. These laws usually refer to a set of laws that deal with drunk driving, and instances pertaining to it. Implied Consent laws are put in effect once a person acquires a driver’s license in the state they live in.