Implied Consent Law and Salt Lake City DUIs
A Knowledgeable DUI and DWI Attorney Explains Utah’s Implied Consent Law
Every state in the country maintains what are commonly referred to as implied consent laws. Essentially, such laws state that drivers must consent to a field sobriety test if the police suspect them of driving under the influence of drugs or alcohol and face certain mandatory fines if they refuse to do so.
Implied consent laws vary a great deal from state to state, as do penalties for their violation. Also, implied consent laws may carry different weight if you are battling a license suspension with the state courts or the state Department of Motor Vehicles. If you or a loved one faces charges of DUI or DWI, it is in your best interests to discuss these laws with an experienced DUI attorney in the jurisdiction where you were charged, such as the Law Offices of Carl N. Anderson, III, PLLC in Salt Lake City.
Why Are There Implied Consent Laws?
Implied consent laws simplify the prosecution of drunk drivers, plain and simple. Since driving is considered a privilege, that privilege comes with certain conditions, including implied consent, which allows authorities to test suspects and use the results to provide evidence of driving under the influence. Even when drivers know it is not in their best interests, such laws also compel drivers to submit to such tests or face the threat of mandatory penalties.
Penalties for Violating Implied Consent Laws
You can always refuse to submit to a field sobriety test, but implied consent laws mean you will face certain minimum penalties for doing so. Most of these charges fall under the category of misdemeanors, but repeat offenses could elevate the charges to felony status. Penalties include:
- First offense: 2 days in jail, 18-month license suspension
- Second offense: 10 days in jail, three-year license suspension
- Third offense: Felony consideration, three-year license suspension
An increasing number of states allow refusal to submit to a field sobriety test to be admitted in trial as evidence of your guilt. This means refusal to submit to testing under implied consent laws could ultimately harm your DUI defense. But remember — every case is different, and at times it can benefit your case to refuse a field sobriety test.
Rules and regulations regarding implied consent laws also vary slightly depending on which government entity wishes to revoke your license: the courts or the Department of Motor Vehicles. Both have the power to revoke or suspend your license for a certain period of time, but both are held to different legal standards.
No matter what agency is involved in your case, or what the specific details of your case may be, you need to hire an experienced DUI attorney. And the sooner you hire an attorney, the greater your chances of reducing your penalties and winning the best possible outcome in your case.
Experienced Salt Lake City DUI Attorney Who Understands Implied Consent Laws in Several States
Carl N. Anderson, III has spent years battling DUI charges in Utah, Colorado and Nebraska. He understands all of the laws relevant to this area — including implied consent laws — as well as any attorney practicing in these jurisdictions. Contact the Law Offices of Carl N. Anderson, III, PLLC today, either online or at 801-285-0303, to arrange a free consultation.
Carl N. Anderson, III can help residents of Utah, Colorado and Nebraska. Credit Cards OK ∙ Free Initial Consultations ∙ Aquí Se Habla Español. Contact him online or at 801-285-0303 to arrange a free consultation today.