Drinking and driving, today, is an action, and crime that impacts your life now, and in the future. When an individual partakes in consuming alcohol, and gets in a car, or vehicle they are greatly raising the likelihood of an accident occurring. The majority of the time these accidents not only result in serious injuries, but also death. However, drinking and driving also holds serious legal consequences for an individual whether they are falsely accused of the crime or not. When it comes down to a DUI investigation and your case do you actually understand what implied consent is?
Breaking Down The Situation
When you are pulled over by a law enforcement officer that is the exact moment that the investigation portion of your DUI case begins. Usually, law enforcement officers have a routine in how they conduct an investigation. To begin, they will usually run an individuals license plate, as well as ask for their license and vehicle registration. After that is when the real evidence is gained in a DUI investigation. A law enforcement officer will ask you to participate in something known as a field sobriety test, as well as a breathalyzer exam.
The Facts of The Matter
While the majority of people just participate in doing both without thinking about the situation, and whether or not they have been drinking or not, you actually do have an option as to whether or not to participate in either. This is known as implied consent. Implied consent is when officers ask you to participate in either one of these exams with the belief that when you participate you understand you actually had an option as to opt out of the whole thing. Some would think that a law enforcement officer would inform individuals that they have the option to say “No”, but they do not.
Yet, what are the consequences that are associated with saying “No” to these examinations? If an individual does refuse to participate in either exam they will only for certain face a license suspension for a period of time. Although this is a hassle all in itself, by refusing to participate in the exams an individual can easily raise their defenses and help fight evidence against their DUI charge.
For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.
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