Implied Consent
If you were recently stopped by a police officer for suspicion of DUI, you were probably asked to take a blood alcohol test. What you probably don’t know, however, is that you are legally required to submit to these tests when asked. Therefore, regardless of whether or not your blood alcohol content (BAC) is above the legal limit, if you refuse to submit to the test, you are breaking the law. In some cases, individuals who refuse the test actually face more severe charges than those who took the test, but failed.
How is this possible? Well, although it’s unknown to most drivers, when you accept your driver’s license, you agree to your state’s Implied Consent Law. In layman’s terms, this means that you will take a blood alcohol test if it is ever requested by an officer of the law. This is so that the state can prove you were driving while intoxicated and build a stronger case against DUI offenders. But, thanks to implied consent, criminal charges are not your only worry.
As a result of the Implied Consent Law, the DMV may file a civil suit against you. This means that you will not only face a criminal charge for DUI, but also a civil charge that can result in the loss of your driving privileges. And, because the cases are tried in separate courts - civil and criminal - the double jeopardy law does not apply. So you will face two possible convictions for the same exact charge.
Fortunately, an experienced DUI attorney can help. If you’ve refused to take a blood alcohol test, you need someone who knows the ins and outs of the Implied Consent Law. With the proper defense, you can fight both the criminal and civil charges and may even be able to reduce your sentence. In some cases, your charges might even be dropped completely.
However, you only have a short amount of time to fight the charges that have been brought against you. And if your time runs out, you will have to accept your sentences. Don’t wait any longer. Call today to have a lawyer evaluate your DUI case.
| States and Cities: | |||||
AK |
Alaska, Anchorage |
LA |
Louisiana, New Orleans |
OH |
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AL |
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MD |
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PA |
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MI |
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MN |
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SC |
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CT |
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MO |
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SD |
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DE |
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MS |
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TN |
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MT |
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GA |
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NH |
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WA |
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IN |
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NM |
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WV |
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KS |
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NV |
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WY |
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KY |
Kentucky, Lexington |
NY |
New York, New York |
DC | Washington DC |