Implied consent laws stipulate that by driving, you automatically consent to undergo a blood or breath test to determine your blood alcohol content (BAC) if lawfully arrested for DUI/DWI. These laws aid law enforcement in assessing BAC accurately post a legitimate DUI arrest.
Non-compliance with implied consent laws can lead to:
- a suspension of your driving license, and
- potentially increased DUI penalties upon conviction.
In some jurisdictions, implied consent extends to preliminary breath tests (PBTs), used by officials to estimate your level of intoxication. Refusing a PBT might result in license suspension and a drunk driving arrest, varying by state.
It’s possible to contest an alleged implied consent law breach at a DMV hearing, an administrative procedure challenging the suspension or revocation of your driving privileges.
Furthermore, such violations can be contested during the criminal DUI trial proceedings.
Challenges to implied consent law violations at DMV hearings or in criminal trials can include demonstrating:
- a willingness to undergo a breath or blood test,
- a failure by the arresting officer to explain the consequences of refusing the test, and/or
- an unwarranted DUI stop by police lacking probable cause.
What is an implied consent law?
An implied consent law mandates that by applying for a driver’s license, you inherently agree to submit to a breathalyzer or blood test if the police have just cause to believe you’re driving under the influence. Such laws, like Vehicle Code 23612 VC in California, outline that refusing to undergo a breath or blood test after a DUI arrest constitutes a breach of the implied consent law.
What are my penalties for violating implied consent laws?
Violating an implied consent law typically results in penalties that differ by state. Commonly, refusal to undergo a breath or blood test can prompt the DMV to suspend your driving license for a period ranging from six to twelve months.
If you have previous DUI convictions, expect the suspension duration to increase.
Additionally, refusing a BAC test can attract harsher sentences upon a drunk driving conviction, known as enhanced DUI penalties. These might include longer jail times than those for standard DUI convictions.
Moreover, in some jurisdictions, if your DUI case proceeds to trial, your refusal to submit to a chemical test may be used as evidence suggesting guilt.
Can I refuse the preliminary alcohol screening tests?
The legality of refusing a preliminary alcohol screening (PAS) breath test varies by state due to differing DUI laws. In some jurisdictions, the implied consent law is applicable solely to breath or blood tests conducted post a lawful DUI arrest, allowing you to decline a PAS test before being arrested.
Conversely, in other states, refusing a preliminary breath test (PBT) may lead to the immediate revocation of your driver’s license and a DUI arrest by an officer. It’s important to note, though, that officers cannot physically compel you to undergo the PBT.
Do the police have to warn about the consequences of a test refusal?
Typically, law enforcement officers are required to inform you about the repercussions of not adhering to a state’s implied consent law. This advisory, commonly referred to as the “implied consent warning,” is often provided immediately after the Miranda warnings, which notify you of your rights to silence and legal representation.
Are there special considerations for blood test refusals?
Special consideration is given to blood test refusals under implied consent laws, particularly after a lawful DUI arrest. While most states apply these laws to both breath and blood tests (excluding urine tests), a 2016 ruling by the Supreme Court deemed criminalizing blood test refusal without a warrant unconstitutional.
This ruling specifically addressed states criminalizing the refusal of a DUI blood test post-arrest. Still, many implied consent laws impose extra penalties rather than making refusal a separate crime. The constitutionality of applying implied consent laws to blood tests, therefore, is pending further court interpretation.
Additionally, it’s noted that police can mandatorily require a blood test under three conditions: if there’s a warrant, suspicion of felony DUI, or suspicion of driving under the influence of drugs (DUID).
How will refusing the test affect my criminal charges?
Refusing a breath or blood test can have implications if you face criminal DUI charges. In some jurisdictions, such refusals can be introduced as evidence in court, potentially working against you.
Moreover, prosecutors may be less inclined to offer a favorable plea deal if you’ve refused these tests. Should your DUI case proceed to trial, the prosecution might suggest your refusal was an attempt to conceal intoxication.
Can I challenge the DMV’s decision to suspend my license?
Yes, in most cases, you can contest the DMV’s decision to suspend your license for refusing a breath or blood test through a DMV license suspension hearing. This hearing is an administrative process conducted at the DMV office, where you have the opportunity to present legal defenses to argue that the suspension of your license was unjustified. Successfully proving that you did not breach your state’s implied consent law could result in the reinstatement of your driving privileges.
It’s important to remember that the DMV hearing is distinct from your criminal DUI proceedings. Reduction or dismissal of your DUI charges does not affect the status of your driver’s license suspension or revocation for test refusal, which can only be addressed at the DMV hearing.
Can I raise a defense to allegations of a test refusal?
Yes, it’s often possible to contest allegations of a test refusal. DUI defense attorneys can deploy various arguments based on case specifics, asserting that your license was unjustly confiscated. Possible defenses include:
- Demonstrating your willingness to undergo a breath or blood test,
- Arguing incapacity to refuse a test,
- Highlighting the officer’s failure to advise you of the suspension consequence for test refusal, and/or
- Contesting the legitimacy of the DUI stop due to
lack of probable cause.
These arguments can be pivotal in DMV hearings aimed at preserving your driving privileges and may also be leveraged in criminal court to challenge the prosecution’s claims of test refusal.
