Implied Consent Laws

Implied consent is the automatic permission you give law enforcement officers to conduct chemical tests in the event of a DUI arrest. You grant permission as a condition of obtaining a driver’s license, and every state has some form of implied consent law on the books. Generally, a police officer does not need a warrant to ask for breath testing if they have probable cause for impaired driving.

If you refuse a chemical test after a drunk driving arrest, you can face administrative penalties. Drunk driving implied consent penalties depend on state law. Talk to a local DUI law attorney for legal advice after a drunk driving arrest.

Blood Alcohol Content (BAC) Tests

When suspected of driving under the influence of alcohol, you may get a choice between a blood test and a breathalyzer test. Some states still rely on urine testing, which is generally limited to drug testing.

The breathalyzer test aims to determine the blood alcohol concentration of alcohol in the body. However, not every suspected motorist is willing to provide a sample. Refusal can result in additional penalties, even if you aren’t impaired. However, it generally takes a court order for the police to force a person to submit to blood testing after a DUI or DWI arrest.

BAC Test Refusal

The National Highway Traffic Safety Administration (NHTSA) reports that more than 20 percent of drivers stopped for suspicion of a DUI refuse chemical tests. Drivers in some states are more likely to reject a chemical test from the arresting officer. To counter this, many states allow for criminal penalties in addition to administrative penalties. Criminal penalties can include minimum jail time.

Most states also carry a separate administrative penalty for refusing to participate. These punishments vary in severity depending on local laws. In almost every state, a test refusal will result in a license suspension.

Test results can be strong evidence in a DUI case. It is easier for a DUI attorney to defend a client without having to explain away a test that proves intoxication. A refusal does not guarantee that you won’t get a DUI conviction. On the contrary, the prosecution may present your refusal in your DUI case. The court and jury can draw a negative inference from your refusal.

Penalties for Refusing Tests

In most states, you risk administrative penalties when you refuse testing after a DUI arrest. The penalties may also include loss of driving privileges due to license suspension. You can have your license suspended for a year or more. Multiple test refusals can increase administrative penalties. However, there may be some situations where refusing the chemical test is the best option.

Other drivers can face more severe penalties for refusing a breath or blood test. Commercial truck drivers have a lower BAC limit than other drivers. If a commercial driver refuses a breath test, they can lose their commercial driver’s license (CDL) for a year. A second DUI or breath test refusal can result in a lifetime commercial driving ban.

Is It Constitutional To Be Charged for Refusing Tests?

In 2016, the U.S. Supreme Court held in Birchfield v. North Dakota that the refusal to take a blood test after a DUI arrest is not a separate crime. The Court found that such an imposition would violate the Fourth Amendment protection against unreasonable searches and seizures.

However, the Court determined that a breath test is not as invasive as a blood test. The public interest in safe driving outweighs personal liberty. States can impose criminal charges for breath test refusal.

Can You Refuse Field Sobriety Tests?

Field sobriety tests are the roadside tests the police may ask you to do after a traffic stop. This includes the walk-and-turn test, one-leg-stand test, and looking at your eyes to see if you might be impaired. Implied consent does not apply to standardized field sobriety tests. Generally, you can refuse field sobriety tests without facing any penalties.

There are good reasons some drivers would refuse a field sobriety test. These tests can be inaccurate. Even sober drivers can fail the tests. Reasons for failing the tests include bad roadside conditions, stress, or medical conditions. Talk to your DUI defense attorney for advice when facing a DUI charge.

How Can a DUI Attorney Help?

The criminal penalties for driving under the influence can be significant. Penalties for a DUI conviction include jail time, losing your license, and fines. If you refuse a chemical test, you could lose your driver’s license even longer.

A DUI lawyer can review your legal options, negotiate a plea agreement, or defend you in court. If you face drunk driving charges, talk to a criminal defense attorney.