Also known as: implied consent law · implied consent · implied consent doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A statutory scheme under which a motorist is deemed to have consented to chemical testing for blood alcohol concentration as a condition of operating a vehicle on public roads. Refusal triggers administrative penalties such as license suspension and may be used as evidence in a subsequent prosecution.
Ira Irving is arrested for DUI after a crash. Officers invoke the state's implied consent law and request a breath test. Ira refuses, triggering immediate license suspension and allowing the refusal to be introduced at his criminal trial.
Isaac Irving is lawfully arrested for driving while impaired. Officers invoke the state's implied consent law and request a blood test. When Isaac refuses, his license is immediately suspended and the refusal is admissible at trial.
Select any source to read its text and confirm it supports the definition.
Ibrahim Iqbal is stopped for suspected drunk driving. Officers request a chemical test under the implied consent statute. Ibrahim refuses and his license is suspended. The refusal is later admitted at his DUI trial.
India Inoue is arrested for DUI. Officers invoke implied consent and ask for a breath sample. India refuses, so her license is suspended on the spot and the refusal becomes evidence at her criminal proceeding.
Iris Irons is arrested after a traffic stop for impaired driving. The officer reads implied consent warnings and requests testing. Iris refuses, resulting in administrative license suspension and evidentiary use of the refusal at trial.
Isaiah Ishikawa is pulled over for erratic driving. Officers request a blood alcohol test pursuant to implied consent law. Isaiah refuses, immediately losing his driving privileges and facing evidentiary consequences at his DUI prosecution.
Refusal typically results in immediate license suspension or revocation. Most states also permit the refusal to be introduced as evidence of guilt in a later drunk-driving prosecution.
No. The decision holds that the natural dissipation of alcohol does not create a per se exigency. Officers must still obtain a warrant unless a case-specific exigency or another exception applies.
Yes. A motorist may withdraw consent, but the withdrawal triggers the statutory penalties such as license suspension and evidentiary consequences.
…question, I will assume that, so far as the statute of limitations is concerned, an overt act done anywhere with the express or implied consent of conspirators would show the conspiracy to be continuing between the parties so consenting, and leave them open to prosecution for three years from that date. But it does not follow that…