Driving Under the Influence of Drugs Implied Consent

If you are ever stopped by a police officer who suspects you are driving under the influence of drugs (DUID), you will probably be asked to submit a blood or urine sample in order to determine whether any drugs are present in your system. Many drivers assume that, by refusing to take this test, they cannot be charged with DUID. This, however, is not the case. In fact, refusing an officer’s request to conduct a blood or urine test is a criminal offense, and can lead to additional penalties for violating your state’s implied consent law. 

Unbeknownst to many, all licensed drivers are legally obligated to submit to chemical testing if an officer requests a blood or urine test. If you aren’t familiar with this law, you are not alone. Nevertheless, when you initially received your driver’s license, you agreed to follow it the moment you sat behind the wheel and began driving on public highways.

Known as implied consent, every state has laws that require drivers to cooperate with law enforcement if he or she suspects you are driving under the influence of drugs or alcohol, and asks you to submit to chemical testing to determine whether this suspicion is accurate.

So exactly what will happen if you do refuse to take a blood or urine test? In many cases, you may face more severe penalties than you would if you had taken the test and failed it! During your trial, the prosecution may also argue that your refusal indicates guilt.

Depending on the state, your license may also be automatically suspended for 90 days or longer. Moreover, since violating the implied consent law is an entirely separate crime, this suspension can remain in effect even if you are not convicted of DUID.

Fortunately, with the right attorney by your side, you may be able to avoid the penalties associated with an implied consent violation. If the officer failed to advise you of the consequences of refusing to take the test, for example, the charges against you may be dismissed.

To determine the best defense strategy for your situation, make sure you discuss your case with an experienced criminal law attorney who is familiar with your state’s implied consent laws. Submit a free online case evaluation form to locate a qualified attorney in your area.