Consent is an important topic in today’s society, but today we’re talking specifically about what “implied consent” means in the context of a DUI charge.
What is Implied Consent?
Implied consent is consent that isn’t given explicitly, but is implied by the context or circumstances of the moment. For example, let’s say that you’re at the doctor, having a check-up. The doctor tells you that they need to take some blood for a test they need to perform. Though you may not say anything aloud, when you roll up your sleeve to allow them access to your arm, it is implied that you are consenting to the procedure.
Implied Consent and Your License
When you apply for a driver’s license in the State of Maryland, you are giving implied consent to a chemical or blood test to determine whether or not you’re under the influence of alcohol when law enforcement asks you to do so.
Refusal to take these tests can result in hefty consequences. For example, if you refuse on a 1st offense, you will face having your license suspended for 120 days. After a 2nd or 3rd offense, that period increases to one year. Your license will also be suspended if you take the test and are shown to have more than .08 BAC. It’s better to avoid the risk altogether to avoid a DUI in Maryland.
A DUI Lawyer in Maryland Can Help You
In the event that you have already been arrested and charged with a DUI whether you took the chemical test or not, getting a lawyer is going to be very important.
A lawyer can help defend you using some of the following common defenses:
Disputing Probable Cause
Law enforcement officers need probable cause to pull you over and then to request an intoxication request. Without provable probable cause, there was no reason to request the test in the first place, making your defense possible. This won’t apply if your arrest took place at a DUI checkpoint, so keep that in mind.
Disputing Arrest Procedures
If law enforcement doesn’t perform the proper procedures for your arrest, then the arrest itself may become suspect. For example, if you are not informed of your Miranda rights at the time of your arrest and then say something incriminating, that statement probably won’t be allowed to be used in court.