Alabama Implied Consent
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If you reside in the state of Alabama and have a driver’s license, you have already submitted to the state’s implied consent law – whether you know it or not! But what is the implied consent law? This law refers to the idea that when you get your driver’s license, you agree that if you are ever arrested under the suspicion of driving under the influence of drugs or alcohol, you will submit to a blood, breath or urine test. Your agreement to this arrangement was implicit on you obtaining your driver’s license. Thus, implied consent.
Every state has differing implied consent laws. But what if you were arrested in another state for a DUI and you got your driver’s license in another? Implied consent then applies to the state in which you were arrested, not the state in which you obtained your driver’s license. So, if you have a driver’s license in a state that has no implied consent laws, but you were arrested in a state for DUI that does have implied consent laws, you are subject to that state’s implied consent laws.
When it comes to implied consent laws, you are also subject to a rare but legal form known as double jeopardy. When you are arrested under an implied consent law, you face losing your driver’s license by the Department of Motor Vehicles. However, for this same offense you are also facing criminal charges. But this is not considered double jeopardy because the DMV proceedings are considered administrative, not criminal.
So if you are arrested for a DUI, implied consent laws actually encourage you to submit to a chemical test. If you refuse, you could face harsher punishments. For example, the DMV can issue a more severe license action against you if you refuse to take a chemical test.
And under implied consent laws, criminal charges against you may also be harsher if you refuse to submit to a chemical test. Many states allow your refusal to be admitted as evidence of consciousness of guilt, increasing your chances of a conviction.
It’s important to remember that implied consent laws vary from state to state. DMV sanctions can also happen quickly and without subjectivity to review. It is imperative that you contact a qualified DUI attorney immediately to help you fight for your rights!
