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What Does “Implied Consent” Mean?

| Feb 12, 2016 | Criminal Defense

There is no shortage of police procedurals on television or in the movie theater. Also adding to the media blitz are books, magazine articles and news items. With all of this content swirling around, you have very likely heard the phrase “implied consent” without having a clear understanding of what it actually means.

Usually, in terms of DUI or DWI cases, implied consent becomes a significant point. If you are pulled over for DUI or DWI, you might initially want to refuse to take a breathalyzer test or provide the officer with a blood, urine or saliva sample. Unfortunately, New York’s implied consent laws put you in a very challenging situation.

There is a good deal of legalese tied to the various statutes, but, essentially, by signing and taking ownership of your driver’s license, you are consenting to a breath or chemical test if you are pulled over. In the eyes of the criminal justice system, if the officer has probable cause to pull you over, you have lost the right of refusal.

That’s not to say that you can’t, still, refuse to take the test.

If you do refuse, however, you will likely face serious consequences. Upon your first refusal, your license will be suspended for one year and you will pay a $500 fine. For any subsequent refusal, the penalties increase. Whether you take the test and face DWI consequence, or you refuse the test and face additional penalties, it is crucial that you call an experienced DWI attorney.