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Implied consent law and the consequences of refusing to comply

| Jul 21, 2015 | Drunk Driving Accidents

Many people are not aware of the implied consent law that applies to all drivers. This can be a problem for drivers who are asked to do a breath analysis test after being pulled over, because they may refuse and end up with more charges than they would have otherwise been dealing with.

The implied consent law, as stated by Washington legislature, is the law that allows police to legally ask for a person to take a breath test and lets them meter out additional punishment if that request is refused. This is because under the implied consent law, it is implied every time a driver gets behind the wheel of their car that they are consenting to the possibility of taking impairment tests if they are asked to do so. A failure to comply with the terms of the implied consent law means that the driver could face even more consequences, such as an immediately suspended license.

If a person refuses to take a breath test or impairment test when asked and they are already driving on a suspended license, they could be facing even more dire penalties. This is especially true if their license was suspended for an accident that ended in severe injury or death. These drivers could be sent to a jail or work house. They could have their license suspended or even revoked, and they may also face huge fines. Even those who are convicted of a DUI without a breath test will have to have an interlock device installed in their car.

On a whole, the consequences of not taking a breath or impairment test when asked outweigh the possibility of trying to avoid incrimination by refusing to take the test.

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