question.jpgIn Criminal Law

What are implied consent laws?

All states now have implied consent laws; implied consent laws state that - by virtue of possessing a driver’s license - you impliedly consent to blood alcohol test, i.e. you don’t have the right to refuse without facing consequences, the most likely of which is suspension of your driver’s license for a state-determined period of time (often 90 days to six months). However, before you submit to a blood alcohol test, a law enforcement officer must have a reasonable belief that you are, in fact, intoxicated. Evidence of intoxication to show this reasonable suspicion can include erratic driving, weaving, swerving, speeding, or stopping in traffic without reason.