Implied Consent Law: Who Does It Affect?

Implied consent laws refer to the agreement that drivers implicitly make to undergo chemical testing for blood alcohol content (BAC) when they apply for a driver's license. This means that motorists who are suspected of driving under the influence (DUI) can be asked to take a breath, blood, or urine test by law enforcement officers, and refusing to do so can result in penalties such as license suspension or even criminal charges, depending on the state. These laws are intended to deter impaired driving and facilitate the prosecution of DUI offenses, but they also put drivers in a difficult position during DUI investigations as they are compelled to provide self-incriminating evidence.

Motorists applying for a license

In the United States, motorists applying for a driver's license are subject to implied consent laws. This means that, by applying for a license, motorists implicitly consent to future field sobriety and chemical tests to determine impairment. This includes tests of blood, breath, and urine, which can be conducted by law enforcement officers at the roadside or in a medical or detention facility, depending on the type of test.

Implied consent laws apply to all motorists, regardless of whether they have a valid driver's license or are driving on a state or interstate highway. This means that even those driving without a license are subject to these laws. The laws are based on the idea that driving is a privilege, and those who choose to operate a motor vehicle have a responsibility to ensure they are not impaired.

Motorists who refuse to submit to testing when an officer has reasonable suspicion of impairment can face automatic license suspension and other penalties. The specific consequences of refusing a breathalyzer test vary by state. For example, in California, refusing a chemical BAC test can result in a citation, while in New York, refusal results in an automatic six-month license suspension and a possible $500 fine. In some states, refusing a breathalyzer test can result in enhanced penalties if the driver is found guilty of DUI.

It is important to note that motorists do not have to agree to every request from law enforcement. They can politely decline a chemical test or field sobriety test, but there are penalties for doing so. If a motorist refuses a chemical test, they can be arrested for 'per se intoxication' if the officer has probable cause to believe they are intoxicated and a danger to themselves or others. This can be determined through factors such as weaving, illegal lane changes, or driving without headlights.

While implied consent laws may put motorists in a difficult position, it is crucial to understand these laws before getting behind the wheel to make informed decisions during DUI investigations.

Law enforcement officers

When a person applies for a driver's license or chooses to drive a car in a state with an implied consent law, they are deemed to have given consent for chemical testing of their blood, breath, or urine to measure their blood alcohol content (BAC). This is known as implied consent, and it means that by their actions (applying for a license or driving) they have agreed to submit to these tests if a law enforcement officer has probable cause to believe they are intoxicated.

The process typically begins with a law enforcement officer pulling over a driver they suspect of being under the influence. The officer will then administer a breath test, which can be done at the roadside or any location. If the driver's BAC is over the legal limit, typically 0.08%, or the officer has further probable cause to suspect intoxication, the driver will be arrested for driving under the influence (DUI). Following a valid DUI arrest, the officer will then request the driver to undergo further chemical testing to determine their BAC. This can include blood and urine tests, which must be performed at a medical or detention facility.

It is important to note that law enforcement officers are required to follow specific protocols when enforcing implied consent laws. They must have probable cause or reasonable grounds to suspect intoxication before making an arrest and demanding BAC testing. Additionally, officers must inform the driver that the testing is mandatory and that refusing to comply will result in consequences. These consequences can include the automatic suspension of the driver's license, fines, and other administrative penalties.

In certain situations, law enforcement officers can obtain a warrant from a judge to mandate involuntary BAC testing if a driver refuses to comply voluntarily. This is known as a "no refusal" scenario, and officers can use mobile devices to obtain warrants quickly. If a driver continues to refuse to submit to testing, even after a warrant has been issued, they could be charged with contempt and may be subjected to forced testing.

DUI investigations

In the United States, implied consent laws apply to motorists who are stopped by the police on suspicion of DUI. When motorists apply for a driver's license, they give their implied consent to field sobriety tests and chemical tests to determine impairment. This means that if a police officer has reasonable suspicion that a driver is under the influence, and the driver refuses to submit to testing, they risk automatic license suspension and possible further penalties.

Implied consent laws can put drivers in a difficult position during DUI investigations. If a driver submits to a breath, blood, or urine test and the results indicate the presence of alcohol or drugs, this can be used as evidence of impaired driving. On the other hand, refusing to consent to a test can also result in administrative sanctions and criminal penalties, depending on the state. In some states, refusing a breathalyzer test can result in a license suspension, fines, and even jail time.

In Florida, for example, the implied consent law states that by choosing to operate a motor vehicle within the state, a driver has consented to submit to an approved chemical or physical test to determine their blood-alcohol content (BAC). This includes breath, blood, and urine testing. If a driver refuses to submit to testing, their license can be suspended for one year for a first refusal and 18 months for a second refusal. A second refusal is also classified as a first-degree misdemeanor, which can result in up to a year in jail, probation, and a fine.

The scope of implied consent in Florida includes specific conditions for each type of test. For example, breath tests must be incidental to a lawful DUI arrest and conducted at the request of a law enforcement officer with probable cause. Urine tests must also be incidental to a lawful DUI arrest and administered at a detention facility or another equipped facility. Blood tests can be requested in three circumstances: when breath or urine testing is impractical or impossible, when there is probable cause to believe that a DUI driver has caused death or serious bodily injury, and when the suspect driver voluntarily consents.

It is important to note that implied consent laws do not give police officers the right to force a DUI suspect to submit to testing. However, refusing to comply with a request for testing can have significant consequences, and it is generally advisable to consult with an experienced DUI attorney to understand your rights and options.

Refusing a breath test

Implied consent laws apply to all motorists, meaning that when they apply for a driver's license, they give consent to field sobriety tests and chemical tests to determine impairment. However, refusing a breath test can be a tricky situation and may result in various consequences.

Pre-Arrest vs. Post-Arrest Breathalyzers

Firstly, it is important to distinguish between refusing a mobile breath test before an arrest and refusing a post-arrest breath test. In the former case, you are free to refuse without facing any civil or criminal penalties. However, refusing the mobile breath test may not be a good idea as it could be used as evidence against you. Prosecutors can base a DUI or DWI charge on other evidence of impairment collected at the scene, such as officer observations, witness testimonies, or field sobriety test results.

Consequences of Refusing a Post-Arrest Breathalyzer

If you refuse a post-arrest breath test, you may face the following consequences:

• License suspension: Most states will suspend your license administratively for up to 12 months, and this suspension can be in addition to any court-ordered suspension if you are convicted of a DUI.
• Criminal penalties: Some states treat test refusal as a criminal offense, which can result in jail time. For example, in New York, refusing a breath test carries an automatic six-month license suspension and a possible $500 fine. In Ohio, a prior DUI conviction can lead to a mandatory minimum 6-day jail sentence or 20 days if it is the second DUI charge in six years.
• Administrative penalties: You may be held in jail until a judge can hear your case, or until the officer has a warrant to force you to take a BAC test. Your refusal may also be used against you in any trial.
• Increased penalties with prior DUI convictions: If you have a past DUI conviction, you may face increased penalties for refusing a breath test, including longer license suspensions or jail time.
• No-refusal enforcement: Some states have adopted "no-refusal" DUI enforcement initiatives, where police officers can instantly obtain electronic warrants from judges to force suspected impaired drivers to take a breath or blood test. Refusing a warrant-ordered BAC test in these programs can result in serious contempt charges.

Defenses and Strategies

While refusing a breath test can have consequences, there are some defenses and strategies to consider:

• Implied consent laws only apply after a lawful arrest: The police must have "probable cause" to make an arrest before implied consent laws come into effect.
• Right to refuse: You have the right to refuse a breath test, and this refusal cannot be used as evidence of guilt in some states, such as Massachusetts.
• Contacting an attorney: In some states, you have the right to contact an attorney before deciding whether to take a breath test.
• Challenging the evidence: DUI defense attorneys can challenge breath test results, field sobriety test results, and the legality of the traffic stop itself.

In summary, while refusing a breath test can have consequences, it is important to understand your rights and the specific laws in your state. Consulting with a DUI attorney can help you make an informed decision and navigate the legal process.

Field sobriety tests

FSTs are typically performed during a traffic stop, after a motorist has been stopped on suspicion of DUI. Officers will usually record the motorist's performance on FSTs for evidence, should they receive a DUI charge.

There are three types of FSTs:

• The horizontal gaze nystagmus test: This test involves following an object with the eyes (such as a pen) to determine the characteristic eye movement reaction. Officers look for involuntary jerking of the suspect's eyes as they gaze towards the side.
• The walk-and-turn test: This test measures a person's ability to follow directions and remember a series of steps while dividing their attention between physical and mental tasks. The suspect is asked to take nine heel-to-toe steps along a straight line, turn on one foot, and then take nine heel-to-toe steps back in the opposite direction.
• The one-leg-stand test: This test requires the suspect to stand on one leg for 30 seconds and measures their balance and coordination. The officer looks for any of the following four clues: swaying while balancing, using arms for balance, hopping, or putting their foot down.

FSTs are considered "divided attention tests" that assess a suspect's ability to perform the type of mental and physical multitasking required to operate a motor vehicle. The results of FSTs are admissible as evidence in court.

It is important to note that FSTs are subjective, and their accuracy has been questioned. The judgment is left to the discretion of the police officer, and inter-rater reliability scores are considered low by most. Additionally, FSTs may be problematic for people with certain medical conditions, disabilities, or age-related factors.

While participation in FSTs is voluntary in the United States, refusing to take them will not prevent your arrest if the officer reasonably suspects intoxication. If you refuse to take a chemical test, such as a breath, blood, or urine test, you will face consequences, including driver's license suspension, fines, or even criminal charges, as per implied consent laws.

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