Implied Consent

Offenders pulled over for Impaired Driving often attempt to avoid taking the required tests. Their argument is that they should not be obligated to take any tests what so ever, without assenting to it. They are generally unaware of implied consent and the level of power given to law enforcers.

So, what is implied consent? Implied consent is when the conditions surrounding the offender give the presiding officer reason to believe that consent has been granted despite no direct, verbal agreement. This is the term generally used by police when they request that offenders take a test, breathalyzer or otherwise, once they have onsite proof that they are under the influence of any substance while in care or control of a vehicle. The law enforcers are to read you the Implied Consent notice when you are suspected, before they make you take the test.

Law enforcement can determine whether you are under the influence of any substance in many different ways even without doing a breathalyzer, blood or urine test.  For instance if you are seen driving off the road, swerving, or committing repeated traffic violations, that would be ample proof that indeed you are not in the right frame of mind to be handing a vehicle. Police can also suspect you are under the influence of a substance if they smell or see alcohol or drugs, or ask you to do a walking test which you cannot pass. They can also see signs in your physical appearance, for example, if you have red, puffy eyes.

What is also observed by the law enforcers is the location of the car keys in relation to the vehicle, the location of the suspected offender in relation to the vehicle, and whether there was any accident or damage caused by the offender.

There are many consequences that may result from refusing to take the requested tests. These include harsh penalties starting with your driver’s licence being seized.  You may even have to spend some time in prison, with the amount of time spent there depending on the seriousness of the situation.

If an accident occurred as a result of impaired driving, that would be the worse time to refuse any test, because if someone got hurt in the process or any damage had been done, the offender would surely get charged and could even be imprisoned .The length of time of imprisonment could vary from 12 months to life depending the seriousness of the accident and whether any one was injured or killed in the process.

Citizens should comply with the law and take the test, if you are proven to be intoxicated with more than 80 milligrams then you will be taken into custody. The charges for Impaired Driving are great and offenders should know that they are entitled to speak to a lawyer of their choosing before submitting the requested test.  It is wise to get a lawyer, who will be responsible for guiding you and helping you better understand your situation instead of taking the matter into your own hands and facing harsh penalties.

This article has been prepared for and posted by The Law Firm of Ted Yoannou. While we make every effort to post useful and factual information, the material found here should not be interpreted as legal advice. Please contact us if you wish to review your own individual circumstances,, 416‑650‑1011.


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