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Individual State Policies Regarding Implied Consent

January 18, 2018

What is Implied Consent?

Implied consent refers to the assumption of permission by a person’s actions to do something that is implicitly granted instead of explicitly provided. The term ‘Implied consent’ is most commonly used in the context of United States drunk driving laws. It is a fairly broadly-applied legal concept.

After stopping a motorist on suspicion of drunk driving, he/she will be asked to agree to a chemical test in order for law enforcement officers to determine his or her blood alcohol concentration. If a driver refuses to do so, penalties may be imposed. Most states have implied consent laws. Under this law, the consent to be stopped on roadways on suspicion of DUI(Drive Under Influence) and consent for any necessary chemical tests to determine if he/she is impaired will be given by an individual during the time of his/her driver’s license application.

If a driver refuses to complete a chemical test while stopped on suspicion of driving under the influence, it violates the implied consent arrangement and most of the states impose a mandatory driver’s license suspension on the driver. This may vary in length accordingly. Additional to that, penalties also be imposed in many states.

Individual state policies regarding Implied consent

Implied consent law position is that driving is not a right, but a privilege. It is sensible to accept that a driver will operate a motor vehicle as per the laws of that country and state. It is valid, however, that government financing is available to states that force DUI prevention measures. Hence, it is in the states’ best financial interests to agree to the government’s proposed programs and to firmly uphold implied consent laws.
In a few states pursuing an implied consent notice is pointless to the legitimateness of the procedures.  If a warning by the officer through perusing the implied consent notice is needed in the state or province in which you are ceased, your defense lawyer has the solid justification for the expulsion of your charges.

Another point against Implied consent laws that is contended by defense lawyers is representation by counsel. Your sixth amendment rights secure you by enabling you to ask for legitimate representation in a criminal proceeding. Nonetheless, the US Supreme Court decided this does not make a difference in implied consent circumstances, which they decline to see as a ‘criminal proceeding’ unless the outcomes really incriminate the driver. As it is not possible for the driver to know the result of the chemical test ahead of time, the contention is that it is absurd to punish a driver for rejecting the chemical tests.

If you’re looking for a lawyer to represent you in Orlando Florida, call Bryan W. Crews today. Our lawyers will work on your behalf and thoughtfully evaluate your claim.

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