Implied Consent Laws

[Alyosha]

What is implied consent? @Max Rockatansky seems to believe that he must submit to a check on his papers and breathalyzers due to implied consent laws.

Implied consent, first and foremost, is not expressed consent. It is a statement by some municipalities that because you are doing "A" you consent to "B". When you agree to get a state license you also agree to the rules regulating driving in that state.

It also does pesky things like if you loan someone your gun and they kill someone you're liable in civil court, as well, but let's get back to driving.

What implied consent laws can do and what they can't do is defined below:

What they can do

They can require a breathalyzer test if you are perceived to be driving drunk

What they can't do

Make you take the breathalyzer test


What they can do

Suspend your license for refusing to take the breathalyzer test

What they can't do

Continuance of suspension without the consent of the judge

What they can do

Take you to the police station and charge you on suspicion of driving drunk if you refuse to take the test

What they can't do or don't do

Signify that your refusal is due to guilt.



So when in doubt, say "no" and ask for a lawyer. It's better to be thought guilty than proven guilty, so sayeth every attorney everywhere.

[Max Rockatansky]

What is implied consent? @Max Rockatansky seems to believe that he must submit to a check on his papers and breathalyzers due to implied consent laws.

A false assumption. All I said was that the implied consent of a driver's license is presentation of one's driver's license and auto registration upon being stopped by a LEO. Nothing about "ze papers" nor breathalyzers.

[Alyosha]

A false assumption. All I said was that the implied consent of a driver's license is presentation of one's driver's license and auto registration upon being stopped by a LEO. Nothing about "ze papers" nor breathalyzers.

Right but you were wrong.

You have the right to inquire why they want to see them. They have the obligation to tell you. If they have no reason, you don't have to show it.

Now, there are court cases up the chain about drag nets and the case law goes back and forth. Some courts have said no (within context) and others yes (within context).

[Chris]

I think we're just indoctrinated to think we must do whatever police ask.


But could you clarify "They can require a breathalyzer test if you are perceived to be driving drunk"? Don't you mean they can ask you to take a test? Because you next say they can't make you. IOW, they can with probable cause, perceived drunk driving, they can request you take a breathalyzer test but not require. Right?

[Alyosha]

I think we're just indoctrinated to think we must do whatever police ask.


But could you clarify "They can require a breathalyzer test if you are perceived to be driving drunk"? Don't you mean they can ask you to take a test? Because you next say they can't make you. IOW, they can with probable cause, perceived drunk driving, they can request you take a breathalyzer test but not require. Right?

I used "require" specifically because of the legal language in most states that have these laws. You are required, else lose your license automatically.

The judge can reinstate it, however.

[Chris]

I used "require" specifically because of the legal language in most states that have these laws. You are required, else lose your license automatically.

The judge can reinstate it, however.

OK, I understand your meaning, thanks.

[Germanicus]

We do not have such difficult citizens in Australia for the most part. If people drive drunk and are pulled up they will pretty much take it on the chin. Random breath tests and blitzes are common in Australia because we are all drunk most of the time.

I know an old farmer that was driving home drunk on a country road. Cops came up behind and put siren on. He continued real slow OJ style until his driveway, drove down his driveway and went home. They couldnt really come on his property to arrest him from what I was told. Like they took him to court but he avoided any charges. ( he claimed that he didnt see them. And he is a bit deaf.. )

I once went to a Police Station because I wanted to ride home which was like 60 kms away but I had been drinking the night before very heavily and was worried I was still drunk. The cops told me they couldnt breath test me at the station because they may pull me up on the road and get another alcohol reading.. So the breathalyzers are not 100% accurate clearly. And Im pretty sure Australia has better ones than America. Speed Cameras, which are everywhere in Australia are also inaccurate.

With a good lawyer I am pretty sure you could avoid loss of license by denying guilt and blaming faulty and inaccurate technology.

edit- one time I was on drugs and driving home on a country road ( really late at night on a dark dark night ) and I see cops pulled up on side of road. I am in a piece of crap car and thinking- $#@!. So I pulled up behind them, walked to their car and knocked on their window and asked if they needed any help. They were scared, I could tell. And then angry and said they were fine. I said - ok. got back in my piece of crap and continued. they didnt pull me up.. ((:... HAA! $#@! that was funny. im pretty sure they thought that I was some kind of Cop Killer or something. ((: $#@!s. Typical cops.



edit- "are you guys right?" The cop said "yeeah! We're just taking a call!" ((: They were scared.

edit- like they could have broken down for all I knew.. Flat tyre? Who knows? I was just trying to help. (: So scared and cranky coppers are.