{"id":286645,"date":"2025-11-16T17:02:07","date_gmt":"2025-11-16T22:02:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/arrests\/implied-consent-laws.html"},"modified":"2025-11-16T10:48:00","modified_gmt":"2025-11-16T15:48:00","slug":"implied-consent-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/arrests\/implied-consent-laws.html","title":{"rendered":"Implied Consent Laws for Drivers"},"content":{"rendered":"\n
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Implied Consent Laws for Drivers<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Implied consent<\/span> laws<\/span> require drivers to submit to sobriety testing if arrested on suspicion of DUI<\/span>. The implied consent<\/span> comes from getting a driver’s license<\/span>. Drivers can still refuse to submit to testing at the police station, but violating the state’s implied consent<\/span> law<\/span> comes with consequences, including license suspension<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In general, states view applying for a driver’s license as “implied consent” to chemical testing for drugs and alcohol. All the police need to pull you over is reasonable suspicion that you\u2019re breaking the law, including by driving under the influence (DUI).<\/p>\n

During a DUI stop, the police officer will look for signs of impairment and will likely ask you to take a preliminary breath test to help determine your blood alcohol content (BAC). Then, if they make an arrest, they’ll conduct further chemical testing at the police station. This is where the more precise Breathalyzer test takes place. They also might collect urine or blood samples to confirm blood alcohol levels.<\/p>\n

Police officers can\u2019t force DUI suspects to take a Breathalyzer test or submit to chemical testing. But there typically are consequences for refusing, because of implied consent laws.<\/p>\n

Here, we\u2019ll explain how the implied consent laws work and how they impact your rights during a traffic stop. We will also discuss your right to refuse a breath or chemical test<\/a> and the consequences of this refusal.<\/p>\n

If you\u2019re currently facing DUI charges, contact a local DUI defense attorney<\/a>. They can analyze your case based on local laws and walk you through your options.<\/p>\n

Definition of Implied Consent<\/h2>\n

Implied consent means that drivers have already agreed to future DUI testing \u2014 without explicitly giving permission at a traffic stop. Getting your driver’s license is enough to imply that you accept this agreement. You also imply that you accept the automatic legal consequences if you revoke your consent when police want to conduct a DUI test.<\/p>\n

How Do Implied Consent Laws Work?<\/h2>\n

When you apply for a driver\u2019s license, you consent to a Breathalyzer and other chemical tests to determine your level of impairment if arrested for driving under the influence.<\/p>\n

You still have the right to refuse to submit to a Breathalyzer test, blood test<\/a>, urine test, or other chemical test. However, there are consequences for doing so. If you refuse, the state can apply penalties such as license suspension, even if you’re not ultimately convicted of a DUI.<\/p>\n

Implied consent laws typically apply to official chemical testing conducted after arrest, not to preliminary roadside breath tests. However, some states may have different rules, so the specific application varies by jurisdiction.<\/p>\n

Roadside Tests vs. Post-Arrest Testing<\/h2>\n

Implied consent laws typically do not apply to field sobriety tests<\/a> and preliminary breath tests during a traffic stop. There are generally no separate penalties for refusing to perform tests like the walk-and-turn.<\/p>\n

But this doesn’t mean you can’t still be arrested. You may face additional or mandatory testing after a DUI arrest.<\/p>\n

Roadside DUI Tests<\/h3>\n

When a law enforcement officer pulls someone over on reasonable suspicion<\/a> of driving under the influence of alcohol, they usually ask the driver to submit to a portable breathalyzer test (PBT). They also might conduct other tests, such as the horizontal gaze nystagmus test<\/a>.<\/p>\n

If the portable Breathalyzer test results show that the driver\u2019s BAC is over the legal limit of 0.08% for drivers 21 and older (0.05% in Utah), 0.04% for commercial drivers, and typically 0.00-0.02% for drivers under 21, the police can arrest them for \u201cper se\u201d DUI. This means the BAC level alone proves impairment under the law, regardless of how the person appears to be functioning.<\/p>\n

Police Station DUI Tests<\/h3>\n

After the arrest, the police conduct additional tests at the station. A Breathalyzer test confirms a person\u2019s\u00a0blood alcohol content<\/a>. The same is true if the police take a urine or blood sample. The higher a person\u2019s blood alcohol concentration, the greater the\u00a0risk they pose to public safety.<\/p>\n

Officer Observations<\/h3>\n

Alcohol testing isn\u2019t the only way to determine if a driver is intoxicated. Law enforcement has several ways to gauge impaired driving<\/a>. For example, they can look to see if the driver exhibits any other signs of intoxication.<\/p>\n

Some of the signs<\/a> that a person is under the influence of drugs or alcohol include:<\/p>\n