What is implied consent and what does it mean to me as a driver?

When you obtained your license, you consented to a breathalyzer test if ever stopped by an officer. If you refuse, the punishment may be greater than if you had submitted to the test. This implied consent is automatic in the case of every driver. If you refuse to take the test, you can lose your license for up to 12 months. This punishment is in addition to that imposed by your conviction. Most lawyers advise their clients to take this test.

Drivers arrested for DUI are usually charged with two separate offenses, the first being the criminal charge of drunk driving and the second the administrative action against your driving privileges. This administrative action is commonly known as the "per se" law. The "per se" law states that the Department of Motor Vehicles can administratively suspend your driving privileges if you are found to be operating a motor vehicle at or above the legal limit of .08 percent blood alcohol content. No evidence of impairment is necessary in this instance. Just by operating a motor vehicle at or above the allowable limit, you have agreed that the state may suspend or revoke your driving privileges.

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