You Agree To It And Are Bound By It
Many people argue that requiring a blood or urine test when a person is under suspicion of drunk driving is a violation of the Fifth Amendment right to avoid self-incrimination. While you might agree with this stance, legislators have passed bills to the contrary, and the Supreme Court has upheld them. In the simple act of getting behind the wheel, you agree to be bound by the law called “implied consent.”
An attorney can provide a clear understanding of implied consent laws and offer insight on how they may affect your DUI case. This professional can be by your side throughout the legal process, providing insight on your best options for contesting the charges against you.
What Implied Consent Laws Mean For You
When you make the choice to get behind the wheel of a vehicle and drive on public roads, the act of driving on those roads is your implicit (implied) consent to be bound by the laws that govern them. And that consent allows the police department, or other governing body, to take a blood or urine sample if you are suspected of driving under the influence.
If you agree to the blood or urine test and you are found to have a blood alcohol level over the legal BAC limit of .08 percent, you are likely to be charged with DUI and face penalties that include a fine, a driver’s license and potential jail time.
If you’re worried about registering a blood alcohol level above the legal limit, you may be fearful of consenting to a BAC test. This action, however, bears consequences that can include:
- For a first refusal, your license will be suspended for one year. After 31 days, and at the discretion of the judge, you may be eligible for a Monitoring Device Driving Permit, which would allow you to drive a vehicle that has been fitted with a Breath Alcohol Ignition Interlock Device. You will be responsible for paying all costs and fees associated with the interlock device.
- For a second (or subsequent) refusal, your driver’s license will be suspended for three years and you will not be eligible for a Monitoring Device Driving Permit.
As you can see, there are significant consequences regardless of your decision. If you have been arrested, and are asked to submit to the test, you will be given reasonable time to contact an attorney and discuss whether or not to agree to it.
