Implied consent law is applied to drivers and BAC testing. It means that as a condition of holding a driver’s license, the driver consents to law enforcement officers conducting tests to check their BAC level. While it is called implied consent law, this condition is actually included in the wording of the forms you sign to obtain a driver’s license.
Every state in the US enforces implied consent laws and issues penalties to any driver that refuses BAC testing. Depending on the equipment the law enforcement officer has available to them, they may request BAC testing through urine, blood, or breath testing.
Implied Consent Laws: What Happens If I Refuse a Breathalyzer?
Implied consent laws come into effect when a law enforcement officer asks you to take a breathalyzer test. While you will be asked, the asking is a mere formality because of the implied consent laws.
Under implied consent laws, you must comply with the following requests from a law enforcement officer:
- Producing driver’s license
- Producing proof of insurance
- Performing field sobriety tests
- Allowing BAC testing
While, of course, you can say no to any of these requests, and a law enforcement officer cannot physically force you to do these things, there are penalties for breaking implied consent laws. In most cases, the penalties will be suspension of license, as implied consent laws are a condition of holding a license. In addition, the penalty for refusing a breathalyzer or field sobriety test is that the law enforcement officer will arrest you for “per se intoxication.” The most common reason someone may refuse a breathalyzer is that they are worried that their BAC is over the legal limit. Therefore, the law enforcement officer has reason to believe that your refusal means you are driving under the influence. Your criminal defense lawyer will likely fight these charges, but you will still likely face penalties for breaking the implied consent laws, even if the DUI charges do not stick.
Every state has slightly different implied consent laws, and the ones that will be applicable to you at the time you are pulled over will be the ones in the state you are driving.