Implied consent is a term used by law enforcement when it comes to determining whether or not you are intoxicated – in the case of drunk driving, many states, including Ohio, have adopted the law that if you are driving a vehicle, you have then given consent to submit to the approved test to find out if you’re driving under the influence of alcohol. As soon as you got your drivers license, you gave consent in advance for law enforcement officers to test. If you refuse, you will find yourself in bigger trouble than you would have, had you submitted to the test.
In Ohio, the Implied Consent law requires you to take the test. If you refuse you can lose your license for up to 12 months due to this refusal, or longer – you can lose your license for two years if this is your second stop in six years, while a third refusal in 6 years can lead to a three year suspension. These suspensions are in addition to a DUI conviction and any legal penalties that go along with it.
When you are arrested for driving under the influence, the arresting officer should read you the Implied Consent Notice. You will then be asked to take a test of blood, urine or breath or any combination of these three. These laws seldom differ from state to state, although some of the states are a little tougher than others. Many attorneys argue that Implied Consent is against clients’ constitutional rights, yet, for now, Implied Consent is the law. Refusal will not make it go away – it will just make it worse.
Tags: implied consent, test, urine


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