Implied Consent – What Does It Mean?

What is Implied Consent?

Driving is a privilege and not a right. When you apply for and accept the privilege to drive in any state, you also give implied consent to test for blood alcohol concentration (BAC) or drug content if an officer arrests you for driving under the influence of intoxicating liquor or drugs. The reason for this law is a state’s legitimate interest in keeping dangerously intoxicated drivers off the road to prevent injury, property damages, and loss of life.

Implied consent means that you have not expressly agreed to tests, but the consent comes from your license application and the fact that you drive on public roads.

Reasonable Grounds

When a law enforcement officer stops you and has reason to believe you have driven while under the influence, the officer will ask that you submit to a test to measure the amount of alcohol or drugs present in your blood. Generally, the police must have reasonable grounds for stopping you and make a lawful arrest before administering a test.

What Happens if You Refuse?

What happens if you refuse the test is the part you must know for your driver’s license or permit test exam. Be aware that you risk losing your driving privileges if you refuse to take a test.

Depending on state laws, the DMV will suspend or revoke your driver’s license. A suspension period is typically six months or one year.

Such a suspension by the DMV is known as an admin per se penalty. It is in addition to any penalties later imposed by a court. In other words, your admin per se suspension has nothing to do if you later are found guilty of DUI. It is only related to your test refusal.

You should also know that your refusal to submit to the required testing may be evidence against you in a court of law. It will typically end up on your driving record, affecting things like future employment and auto insurance premiums.

You can get limited driving permits for other suspensions in some states but not for an Implied Consent suspension.

Can you afford not to drive for six months or a year?

What Does it Mean to have a Driver’s License Revoked?

Sobriety Checkpoints

Unlike in Europe, sobriety checkpoints are uncommon in the United States. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). In other states, laws allow them. The frequency of checkpoints in those states has also increased over the years. You may see checkpoints weekly in some states and often intensified during holidays.

Does your state have them or not?

State	Checkpoints?
Alabama	Yes
Alaska	No
Arizona	Yes
Arkansas	Yes
California	Yes
Colorado	Yes
Connecticut	Yes
Delaware	Yes
District of Columbia	Yes
Florida	Yes
Georgia	Yes
Hawaii	Yes
Idaho	No
Illinois	Yes
Indiana	Yes
Iowa	No
Kansas	Yes
Kentucky	Yes
Louisiana	Yes
Maine	Yes
Maryland	Yes
Massachusetts	Yes
Michigan	No
Minnesota	No
Mississippi	Yes
Missouri	Yes
Montana	No
Nebraska	Yes
Nevada	Yes
New Hampshire	Yes
New Jersey	Yes
New Mexico	Yes
New York	Yes
North Carolina	Yes
North Dakota	Yes
Ohio	Yes
Oklahoma	Yes
Oregon	No
Pennsylvania	Yes
Rhode Island	No
South Carolina	Yes, after judicial approval
South Dakota	Yes
Tennessee	Yes
Texas	No
Utah	Yes. after magistrate’s approval
Vermont	Yes
Virginia	Yes
Washington	No
West Virginia	Yes
Wisconsin	No
Wyoming	No

Learn More

• What is Blood Alcohol Concentration (BAC) – How Does it Work?
• Your rights and Responsibilities During a Traffic Stop in California
• What Should You Do at a Traffic Stop by the Police?
• What You Must Know About the Zero-Tolerance Law

State Specific Test Questions

Photo Credit

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