If you have recently experienced a DUI charge, you are likely a bit confused by a few different terms and pieces of lingo that prosecutors, attorneys, and police have thrown around. One of the most commonly used, and misunderstood terms, is that of implied consent. What does it mean? And how exactly do I imply that I’ve given consent to an officer?
Implied Consent and DUI: Understanding DUI Terminology
First, what is basic consent?
The term is not too hard to understand, if you break it down. First, consent means that you agree to a certain action. So, say an officer says, “may we search your vehicle?” You say, “of course, I have nothing to hide.” By complying, and saying ‘yes’, you are giving basic consent to their request.
So, how do I imply consent?
Implied consent means that you are suggesting that you agree to something. Therefore, your actions or behavior in a certain situation allows a police officer to be able to imply that you have agreed to their request. For example, if you don’t object to their questioning in court and give answers, that means you imply your consent for the questioning to continue on as it is.
Implied consent in DUI laws begins when you receive your driver’s license. When you sign on that dotted line and take your license, you are implying that you consent to testing upon being pulled over. That testing can be anything from field sobriety, breathalyzers, and chemical tests. So, when you refuse to take these tests, you are essentially breaching a contract.
In South Carolina, there is no consequence for refusing a field sobriety test…
If you wish, you can refuse that type of testing. However, when it comes to breathalyzer testing, it is not so simple. Sure, you can refuse it. But, doing so will result in an immediate suspension of your license for six months. In short, you can refuse, but there are penalties for doing so. But, refusing a breath test in exchange for a blood test may make for a more compelling case. Breathalyzers are not always completely accurate. So, wanting to go straight for the blood is understandable. However, taking both might keep you from losing your license…