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Implied Consent Law

Anyone who has a driver's license automatically agrees to be tested for BAC and other drugs if stopped for suspicion of drug use while driving. If you or your teen are stopped by a police officer who thinks you're under the influence while driving, the officer has every right to ask you to:

  • Perform a field sobriety test; and
  • Submit to a breath or blood test to test your blood alcohol content (BAC).

If you or your teen do not cooperate with the officer and refuse to be tested for BAC, that driver's license will be immediately suspended. In some cases, the suspect driver will be forced to have a blood test whether consent is given or not. Also, you or your teen can still be convicted of a DUI even if you refuse to take the test. You do not have a right to be represented by an attorney while you are deciding to take or are taking the BAC test.

If your teen takes a breath test and registers a BAC of 0.01% or higher, he or she is driving a vehicle above the legal limit and committing a DUI. This is called the Zero Tolerance Law.

If you, the parent or guardian, take a breath test and register a BAC of 0.08% or higher, you are driving a vehicle above the legal limit and committing a DUI.