Table of Contents
ToggleWhen an officer pulls you over on suspicion of DUI, you may think it is within your rights to refuse any blood alcohol content (BAC) test they may request of you.
But in reality, it is not a request, and you have already consented to taking one. How, and why? And what happens if you attempt to refuse anyway?
Implied consent laws and driving
The National Constitution Center discusses how driving and implied consent laws correlate on the road. Implied consent exists in a situation where an average and reasonable person could safely assume that another party has consented to something, even without having that consent in writing or spoken word. For example, a person who makes an appointment for a flu shot and then allows the doctor to administer the shot is implied to have consented to the procedure.
In terms of driving, implied consent applies to your use of public roads as a driver. Since everyone uses public roads, it is important for law enforcement to keep them safe. In order to do so, they must act quickly against people potentially driving while intoxicated.
BAC tests and implied consent
Thus, by using public roads, you give your consent to BAC tests in the event that an officer suspects you of intoxicated driving. This is essentially the trade-off of using public roads, as it helps to keep all drivers safe.
An officer cannot physically force you to take a BAC test. However, if you refuse, they must alert you to the potential consequences. This can include suspension of your license for up to a year, additional fines and jail time if you end up convicted of a DUI crime, and more.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
Schedule your Consultation Now
Practice areas
-
Tempe
-
Lake Havasu City
-
Apache Junction
-
Parker