“Implied Consent” is a type of legal consent which is not expressed by a person, but rather inferred from the situation or otherwise imputed on the person by law. For example, if a person is unable to consent to a doctor working on them because they are incapacitated, the doctor may be able to perform services because if the person could consent, they most likely would.
Consequences for refusing to submit to a chemical test after an arrest are severe in the state of California. The penalties for refusal (known as “refusal enhancement penalties”) will be levied on top of standard DUI penalties. Refusal enhancement penalties may include:
It is worth noting that failing to submit to a test can result in charges for both the DUI as well as the refusal. Failing to complete a blood alcohol content test can also result in charges, for instance, purposely not blowing hard enough into the breathalyzer.
To avoid confusion, you should be aware that implied consent is a general legal concept and has many other applications besides DUI arrests. For example, implied consent is also used in the following situations:
These applications of the implied consent will vary from state to state. Check with a lawyer if you feel that any of these situations applies to you.
Disputes involving implied consent can be complicated. By their nature, they require an analysis of the person’s actions to determine whether they actually consented. In a criminal law context, if you have refused a chemical test after a DUI arrest you should contact a local California lawyer immediately. A DUI lawyer can explain your course of action and represent you vigorously in a court of law.
Last Modified: 05-22-2018 08:39 PM PDTLaw Library Disclaimer
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