Drunk driving laws are technically different in every state. The statutes may use different names to describe impaired driving offenses. The penalties imposed after a conviction tend to differ from one jurisdiction to the next.
Certain aspects of drunk driving law are consistent in every state because of federal regulations. For example, the federal rules for highway funding require compliance with blood alcohol concentration (BAC) limit standards. States have to limit a driver’s BAC to 0.08% or possibly lower, as higher limits do not comply with federal rules.
Every state also imposes an implied consent law. While the exact wording of the law and the penalties for violations are different in each state, implied consent rules persist across all states in the country. Motorists at risk of a drunk driving traffic stop or facing either drunk driving charges or allegations of violating the implied consent statute need to understand this key rule.
Implied consent relates to chemical testing
Individuals accused of criminal activities have very robust legal protections. State authorities, including police officers, generally cannot compel people to testify against themselves. People also have the authority to decline various types of tests, even during criminal investigations.
There are certain exceptions, including implied consent rules. Drivers who operate their vehicles on public roads agree to rules that mandate their implied consent. The act of using transportation infrastructure implies that a motorist has consented to chemical testing in the event of their arrest.
If a police officer has the necessary probable cause to conduct a drunk driving arrest, the motorist is subject to implied consent rules regarding chemical testing. They have effectively already given their implied consent by driving on public roads.
If they decline requests for post-arrest chemical testing, they may be subject to secondary penalties. Typically, implied consent violations result in a suspension or revocation of a motorist’s driver’s license. Police officers can also typically testify about the refusal to submit to a test as part of a drunk driving criminal case.
Those facing drunk driving charges involving an implied consent violation may need assistance as they take steps to minimize the penalties that they face. Reviewing the state’s evidence and what happened during a traffic stop can help those accused of drunk driving develop the most reasonable strategy for their upcoming criminal proceedings.