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"Implied Consent"About.com Health's Disease and Condition content is reviewed by Steven Gans, MD
Definition: Most states now have passed laws that require vehicle drivers to submit to a chemical test -- breath, blood or urine testing -- if they are suspected of DUI. If the driver refuses to submit to the test, implied consent laws carry penalties such as mandatory suspension of a driver's license. Some believe that implied consent laws violate a driver's Fifth Amendment right against self-incrimination, but thus far those laws have been upheld when challenged in the courts. Also Known As: Mandatory Test Examples: In most states, if you are driving a vehicle, you have given implied consent to be tested for intoxication. Updated: April 2, 2007 |
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