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Implied Consent Laws

What Are The Legal Implication

What Are The Legal Implication

The effects one can be subjected to if they refuse a blood alcohol test can reverberate penalties for a long time to come in an implied consent hearing. Refusing to take such tests can leave a person with more severe penalties than that if they actually took a sobriety test and failed a portion. These laws are extremely serious, and can hand down extremely tough punishment.
Under implied consent laws, a person who has applied for and obtained a driver’s license in a state, has given their implied consent for participating in a blood alcohol test of either blood, breath, or urine, if requested by an officer. This also pertains to field sobriety testsDUIblood alcohol testIn Vermont and California, a driver may be sentenced to jail time if they refuse a chemical alcohol test, if they had previously been convicted of a DUI. However, some states became stricter; Alaska, Minnesota, and Nebraska may hand down jail time to drivers refusing a test on their first occasion.  
The fines associated with refusing to take a test can be as high as $10,000  in some cases, with additional court fees and higher insurance rates. Implied consent laws are nothing to be disregarded, and must be looked over when first accepting a driver’s license. It’s also wise to pay attention to the penalties they impose in other states that a person will be driving in. Facing and implied consent hearing, a person charged must build up a strong DUI defense in order to have any chance to combat the charges.

When Can You Get An Automatic Suspended License?

When Can You Get An Automatic Suspended License?

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 Background At A Glance

Implied Consent Laws Background At A GlanceImplied 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. 

These laws carry a series of penalties Under the Implied Consent, a driver that refuses to take a chemical alcohol test such as a breathalyzer, blood or urine test, is subject to fines and/or penalties. Implied Consent laws have been referred to as “Catch 22 Laws” because of their nature, and the way they circle a person to suffering  a penalty for their action regardless.
For example, a driver that doesn’t feel impaired but has had a drink or two, may not want to take the test that will show a legally intoxicated BAC reading, so he or she denies the testDUIImplied Consent laws may have similar penalties among states with additional or less penalties added to the basic ones, depending on the circumstances and prior driver history. Refusing to take a blood alcohol test could result a person in a worse situation than actually taking it, especially if the person is sober (and simply claiming their rights).