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What is implied consent?

If a driver is pulled over in Missouri, they may need to submit to tests to determine if they are under the influence of alcohol. While a driver has the right to refuse to submit to the tests, there may be automatic consequences for doing so. This is because most states have implied consent laws, which means that drivers have already given their permission to be tested.

Some of the consequences for failing to comply with implied consent laws may include a fine or license suspension. In the event that a driver loses his or her license, it may be grounds for his or her insurance company to cancel coverage. A driver generally may not drive without insurance, and it may be impossible to get a car back without insurance if it is impounded.

It may also be possible to serve time in jail for refusing to submit to a blood or breath test. However, some attorneys believe that it may be best for an individual to not take a breath test. This is because it could be more difficult to prove in court that a driver was under the influence of alcohol without a breath test to back up that assertion.

If a driver is charged with DWI, he or she may face license suspension, a fine or jail time. Drivers who refuse a breath test may face additional penalties on top of that if convicted of driving while under the influence of drugs or alcohol. A DWI defense attorney may be able to help drivers avoid some or all penalties in court by arguing that the traffic stop that led to the DWI charge was conducted improperly. None of the information in this article should be construed as specific legal advice.

Source: DUI, "Implied Consent Laws", November 25, 2014

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Travis Noble is a graduate of the National College for DUI Defense at Harvard University, and he lectures at seminars nationwide on DWI/DUI topics. He is the lawyer whom other lawyers consult to defend their DWI clients. Most importantly, he has a track record of successfully defending some of the toughest DWI cases in Missouri and beyond.

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