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The Law Office Of H. Alex Fuller, PLLC
Best D 2020 Logo
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Call His McKinney Office To Request A
Free, Confidential Consultation

What is implied consent?

Implied consent serves as a term that any driver should know and understand. Many people actually engage in implied consent in their daily lives, too.

But just what does this term mean and why is it important for others to know about it? How does it apply to drivers in particular, and impact DUI charges?

Defining implied consent

Tech Target discusses implied consent and how it applies to driving. Implied consent laws exist in situations where a reasonable person could assume that someone gave their consent to something, even if they did not explicitly state it or write it out.

For example, a person gives their implied consent for a vaccination if they make an appointment for one and allow a doctor to inject them with the needle.

In terms of driving, implied consent applies to driving while intoxicated and police efforts to lower the risks of these incidents happening. By driving on public roads – which most roads end up categorized as – a driver gives their consent to take BAC tests if an officer asks them to.

Penalties of refusing a BAC test

Thus, if an officer asks a driver to take a BAC test such as a breath analysis test and they refuse, they can actually face punishment. In many cases, they will get extra jail time or fines if they end up convicted of a DUI-related crime.

Even if no DUI crimes end up evoked, they will still lose their license for up to a year. This will happen no matter what, making avoiding BAC tests a feat that does more harm than good.

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