A driver’s license is a necessity for most people, but obtaining a driver’s license is not usually high on anybody’s list of a good time. In the hustle and bustle of the DMV, however, there’s an aspect related to your driver’s license which not many people know about, but which can have a big impact on your life.
It’s called Implied Consent Laws, and you agree to it when you sign the forms accepting your driver’s license. Implied Consent means that, when you are stopped by a police officer, you are legally required to agree to any “chemical testing” to determine if your ability to drive is impaired by alcohol or drugs.
Chemical testing includes:
· Breathalyzer tests
· Blood samples
· Urine analysis
Implied Consent Violations
Refusal to submit to an officer’s request for a chemical test has immediate and long-lasting repercussions. The specifics vary from state to state, but every state has some sort of criminal or administrative penalty, which is usually considered separate from the DUI charges. This means you can actually be found not guilty of the DUI charge, but still guilty of violating the Implied Consent law.
Different states have different penalties, and none of them are pleasant. Jail, fines up to $10,000, mandatory drug and alcohol counseling, and more are all possible. Additionally, every state allows your refusal to submit to a chemical test to be used against you in your subsequent DUI trail, which can certainly help the case against you.
15 states have laws which criminally punish any driver who refuses the roadside chemical test. These states are:
· Alaska
· Arizona
· Arkansas
· California
· Florida
· Idaho
· Iowa
· Kansas
· Maryland
· Michigan
· Minnesota
· Mississippi
· New Hampshire
· New Jersey
· New York
· North Dakota
· Ohio
· Oregon
· Rhode Island
· Vermont
Drunk Driving is Everyone’s Problem
In those states listed above you really want to understand what you’re getting into if you refuse the chemical test. This doesn’t mean it’s necessarily a good idea to refuse in any other states, too — 41 states begin procedures against a driver the instant they refuse the test. This can result in an increase to your insurance rates, the loss of your car, as well as restrictions on a whole host of other state regulated issues, even ones unrelated to driving.
Approximately 1.4 million people each year are killed due to drunk driving, and society as a whole has taken swift measures to prevent drunk driving as much as possible. Unfortunately, implied consent laws do have some problems at times.
To Agree or Not to Agree
In 2005, the National Transportation Traffic Safety Administration released results of a study which showed that many people refused the chemical test despite knowing the penalties, both criminal and administrative, which would result. At first glance, this many seem strange, especially considering the drivers were completely aware of the consequences.
What the NTTSA discovered, however, was that many of these drivers who refused the test were later found not guilty of drunk driving charges by a jury. Why is this? It turns out that, by refusing the test, the prosecution had no scientific evidence of driver intoxication, and the case wasn’t solid enough overall for a jury to convict.
Police officers have wide discretion when it comes to who they pull over and why they request a sobriety test. Often times they have legitimate reasons to be concerned for public safety, other times their reasoning for requesting a chemical test isn’t so sound. The perceived rationale behind the officer’s decision is often a major factor used by a jury in determining whether a defendant is guilty or not guilty.
Expert Advice can Make the Difference
The laws related to Implied Consent, and the penalties for refusal, vary from state to state and case to case. Declining a sobriety test can either go a long way to reducing the charges against you, or it can add a whole host of additional legal problems.
It’s to your benefit to learn the details of the Implied Consent laws in states you live in or travel to, even if you never plan on drinking and driving. Plus, an experienced DUI attorney can be a real asset, especially if you plan to take your case to trial. The right legal representation can make a huge difference in the outcome of your case.