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What is implied consent?

On Behalf of | Dec 7, 2020 | Sex Charges

Some Texas motorists may believe that if you don’t consent to taking a Breathalyzer test, the authorities can’t use that against you in court. However, the police has the right to demand one whether you verbally consent or not. What many people don’t realize is that when you start driving, you’re giving the authorities something called “implied consent.”

What is implied consent?

Implied consent involves giving your consent without explicitly stating it. In the case of Breathalyzer tests, people give implied consent when they receive their driver’s license. When you hit the road with your driver’s license, you’ve given the authorities consent to perform sobriety tests if they suspect that you’re driving under the influence.

This doesn’t mean that you can’t refuse to take a Breathalyzer. The police can’t force you to take the test, and if you don’t have test results to prove that you were intoxicated, your DUI attorney could use that as part of your case.

However, it does mean that the police aren’t violating your rights when they ask you to take a sobriety test without getting your consent first. If you refuse to take the test, your license might be suspended for up to a year. You might also have to deal with increased fines and penalties as a result of not taking the test. Some motorists have even been dropped by their car insurance companies.

Can an attorney help you defend yourself from a DUI?

Whether you take the test or not, an attorney is your best line of defense against DUI charges. An attorney might point out the lack of evidence or hold the prosecution accountable for using illegally obtained evidence. Additionally, an attorney could help you negotiate a plea agreement if you’re only a first-time offender.