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What is Implied Consent in Delaware?

Posted on : August 13, 2018, By:  Andrew Whitehead
DUi lawyer Delaware

It is important for anyone who is pulled over and accused of driving under the influence to recognize the impact of implied consent laws.  After stopping someone driving a vehicle on suspicion of DUI in Delaware, the officer will usually look for signs that the driver is impaired.  If the officer identifies that there are indications, such as the smell of alcohol or open alcohol containers in the car, the officer will then request that the driver submits to a breathalyzer test to determine the blood alcohol concentration.  Not everyone will willingly provide a breath sample, however, and police officers are not allowed to force someone to blow into a tube.

In fact, according to research collected by the National Highway Traffic Safety Administration, more than 20{3d9fa59c6de40ef39c41f80b3b56cda8985e81b129127b51ae9ee464b56b393b} of drunk driving suspects across the country refuse to take a blood alcohol content test or a breathalyzer test when an officer believes they are under the influence of alcohol or drugs.  This number in Delaware, however, is 2.4{3d9fa59c6de40ef39c41f80b3b56cda8985e81b129127b51ae9ee464b56b393b}. That being said, an implied consent law which is active in the state of Delaware means that motorists give their consent to field sobriety tests and chemical tests carried out by officers to determine the level of impairment. If a driver refuses to submit to testing when the officer has a reasonable suspicion the driver is under the influence, the driver can risk numerous penalties, including suspension of his or her license.  

Anyone who has been arrested for driving under the influence or has been subjected to the implied consent laws needs to speak to an experienced attorney immediately to understand the best way to represent themselves and some of the most common missteps to avoid. Make sure you realize the immediate impacts of refusing a test presented by an officer when you’ve been accused of a DUI. 

The support of an experienced Delaware DUI lawyer is critical.