Are you asking yourself, “What is the implied consent law?” If so, you might be surprised to discover that you deal with the implied consent law every time you get behind the wheel of a car. Implied consent simply means that it is assumed that an individual has consented to something by his or her actions. This primarily comes into play in medical situations or certain legal situations.
Let’s dig into the implied consent law a little deeper.
What is an example of implied consent?
To best answer the question, “What is the implied consent law?” it is perhaps easiest to turn to concrete examples.
One such example, as mentioned previously, could include a medical situation. Let’s say you get into a car crash and are knocked unconscious. It’s implied that, under those circumstances, you would consent to medical treatment. As a result, the paramedics would be legally able to treat your wounds.
One of the most controversial examples of this law has to deal with driving. When you drive a vehicle, you consent to a few things:
- Being able to produce a driver’s license
- Being able to produce proof of insurance
- Taking a blood, breath, or urine test when suspected of drinking and driving
While alcohol-related testing can be controversial at times, you do consent to these tests when you receive your drivers’ license and drive on public roads. If you refuse to take a test when asked, there will be legal consequences. Here’s what can happen if you refuse a breathalyzer test in Texas or a field sobriety test.
Why were implied consent laws enacted?
Now that we know the answer to the question, “What is the implied consent law,” it’s time to get into why these types of laws are important. Implied consent laws were enacted for one simple reason: to protect the public.
For example, if someone is driving drunk, it is in your best interest (and the best interest of everyone else on the road) to remove that person from behind the wheel. They could seriously injure or kill someone while driving drunk.
In other words, driving is considered a privilege. Not a right.
However, things aren’t always black and white — which is why certain individuals who feel like implied consent encroaches on the fourth (the right against unreasonable searches) and the fifth amendment (the right to avoid self-incrimination) to raise the question: Are implied consent laws constitutional?
These are some of the reasons why it’s important to know what an illegal traffic stop, actually consists of, unmarked police car laws, and how to know whether you’re unknowingly displaying any signs of drunk driving.
Consequences of refusing consent under “implied consent” circumstances
The consequences of implied consent laws in Texas vary from case to case, but in regard to DWI, the most common penalty is license suspension, typically for up to 6 months.
Have questions about implied consent? Call Thiessen Law Firm.
Still wondering “What is an implied consent law?” Not sure if understanding implied consent laws would be applicable to your case?
If you refused a chemical test while driving, you might find yourself facing some serious penalties and wondering how to get around implied consent laws. At this point, it’s important to have a good defense attorney who can help you maneuver around these penalties and, in a perfect world, have them dropped.
Here at Thiessen Law Firm, we have decades of combined experience fighting these DWI charges in court. If you need help, don’t hesitate to contact us at 713-677-2134 or schedule a free consultation online.
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- How to Get a Possession Charge Dismissed
- What to Do if You’re Accused of Assault
- Joint Custody in Texas
- Out-of-Court Settlement Disadvantages
- Manslaughter vs. Vehicular Manslaughter
