What's an implied consent DUI law?

 Posted on October 19, 2018 in OWI

Implied consent laws require all drivers to submit to chemical testing when police accuse them of driving while intoxicated. Of course, they still have the right to refuse such tests. However, as a result of implied consent laws, the driver will likely be immediately arrested on suspicion of DUI.

Implied consent laws function by assuming that when a driver gets a driver's license and enjoys the privilege of driving, they automatically consent to being tested for drugs or alcohol when police suspect them of driving while intoxicated. Such chemical tests could include urine, blood and breath tests.

When a driver refuses to take a chemical test, they will usually endure a mandatory driver's license suspension that could last up to a year. Interestingly, it's common for the license revocation to be longer after a driver refuses a test than if they take the test and fails. In some cases, a driver could even face harsher punishments if convicted of DUI after refusing to take a test.

Some drivers who know they are drunk choose not to take a Breathalyzer or other DUI test during a traffic stop. Depending on the unique circumstances, this decision could ultimately hurt the driver. On the other hand, it could also help the driver if it prevents the creation of additional evidence that might support a conviction. Ultimately, the best course of action depends on the specifics of the matter.

If you're trying to navigate criminal proceedings in Wisconsin related to a DUI charge, learn more about your legal rights and as soon as possible.