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What is implied consent?

On Behalf of | Nov 15, 2022 | DUI |

Driving is a privilege, not a right. You have to study, take a test, and apply for a license to be able to drive. While studying, you may not notice all that goes into being a licensed driver, such as specific rules of the road.

One of those rules is implied consent. In Kentucky, if you’re operating a motorized vehicle, you agree to submit to chemical testing if suspected of driving while intoxicated under the implied consent law when you get your license.

Chemical testing explained

Suppose a police officer pulls you over and suspects you’re driving under the influence of substances. In that case, they may ask you to submit to a chemical test. This is commonly a breath test, in which you blow into a machine that reads your blood alcohol content (BAC). However, other possible chemical tests include:

  • Blood
  • Urine
  • Any combination of tests

While nobody can physically force anyone else to blow into a gadget or allow blood to be drawn, still, there may be consequences for failing to do so.

Possible consequences

As an implied consent state, failing to submit to chemical testing can have unwanted repercussions. Much like a pattern of driving under the influence (DUI), failing to submit to a chemical test consequence may depend on whether you’ve ever failed to comply in the past. Possible consequences include:

  • Court hearings and fines
  • Suspension of driving privileges
  • Possible jail time
  • Ignition interlock installation

Suppose you’ve been pulled over on suspicion of DUI and refused to participate in a Breathalyzer or other chemical test. In that case, you may be wondering what happens next. In that case, learning more about the laws regarding DUI may help you protect your legal rights and help minimize consequences.