DWI Implied Consent Laws
Although you are probably unaware of it, when you applied for your driver’s license, you agreed to submit to a chemical test should you be arrested for driving while intoxicated (DWI). This arrangement is known as implied consent.It is important to note that even if you received your license in a state without implied consent laws, they still apply to you if you are ever arrested in state that does have DWI implied consent laws. This means if you are pulled over in a state other than your home state, you will still have to submit to a breath, blood, or urine test or face penalties for violating the implied consent law.
Across the nation, it is illegal for drivers to operate a vehicle with a blood alcohol concentration (BAC) of .08 percent or more. DWI implied consent laws are designed to encourage drivers to submit to a chemical test so law officers can determine whether their BAC is over the legal limit.
The Department of Motor Vehicles can penalize a driver for violating the implied consent law. In most cases, the penalty is an automatic driver’s license suspension. This is separate from the driver’s license suspension you may receive in criminal court. Because the DMV penalty is an administrative penalty, this process does not constitute double jeopardy.
Refusing to take a chemical test can often result in more penalties than if you took the test and failed. In many cases, a driver who failed the breath test may be eligible for a limited permit or a shorter license suspension, while this is not an option for a driver who refused to take the test.
A chemical test refusal may also work against you in your criminal case. The prosecution is likely to argue that your refusal is evidence of guilt, thus increasing the chance that you will be convicted. The judge and jury may also take your refusal into account when determining your punishment.
In addition to the penalties you face in your DWI case, you may also be punished for violating the implied consent law itself.
Because DWI implied consent laws vary from state to state, it is important to speak with an experienced DWI defense lawyer in your area to learn how the law applies to you.
