The implications of implied consent

Jul 14, 2016 | drunk driving

When a motorist is pulled over, he or she may be asked to provide a breath sample by the officer who conducts the traffic stop. Although a motorist may refuse to provide such a sample, consequences may follow this decision. This is because drivers give implied consent to submit to testing when they receive their driver’s licenses. Refusal to submit to testing in Ohio could result in several penalties such as a six-day stint in jail.

Other penalties in the state include a driver intervention program while those with a previous conviction will also pay a fine. If a driver had a previous conviction for DUI within the previous six years, the jail sentence may be extended to 20 days. Those who lose their license for failure to submit to a breath test also run the risk of losing their auto insurance coverage.

Those who are stopped for suspicion of driving while impaired may face serious consequences if they refuse to comply with a request for a breath test. While taking the test may provide a prosecutor with more evidence to prove a charge in court, refusal may lead to a loss of driving privileges even if the driver did nothing wrong.

For those who are charged with DUI regardless of whether or not consent was given, it may be worthwhile to talk to an attorney. An attorney may be able to argue that there was no probable cause to pull over the driver in the first place. It may also be possible to argue that the results of a blood or sobriety test were flawed because the test was conducted or handled improperly. This may result in charges being dropped or a driver winning an acquittal in court.