What is Implied Consent?

It is crucial for anyone pulled over and accused of driving under the influence (DUI) to understand the implications of implied consent laws. In Delaware and Maryland, when an officer stops a driver suspected of DUI, they typically look for signs of impairment. Suppose the officer observes indicators such as the smell of alcohol or open containers in the vehicle. In that case, they will request that the driver take a breathalyzer test to assess their blood alcohol concentration. However, not everyone is willing to provide a breath sample, and police officers do not have the authority to make someone blow into the device forcibly.

The Breathalyzer Test

According to research from the National Highway Traffic Safety Administration, over 20% of suspected drunk drivers in the United States refuse to take a blood alcohol content test or a breathalyzer test when an officer suspects they are under the influence of alcohol or drugs. In Delaware, however, this rate is only 2.4%. It’s important to note that Delaware has an implied consent law, which means that motorists automatically consent to field sobriety tests and chemical tests conducted by officers to assess their level of impairment.

If a driver refuses to undergo testing when an officer has reasonable suspicion of driving under the influence, the driver risks several penalties, including license suspension.

If you have been arrested for driving under the influence or have been affected by implied consent laws, it is crucial to consult an experienced attorney immediately. They can help you understand how to represent yourself best and highlight common mistakes to avoid. I would say that knowing about the immediate consequences of refusing a test when accused of a DUI in Delaware and Maryland is essential.

The assistance of a qualified Delaware and Maryland DUI lawyer is essential; contact us today to schedule your appointment.