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Implied Consent Law

Anyone who gets a driverís license automatically agrees to be tested for blood alcohol content (BAC) and other drugs if stopped for suspicion of drug use while driving. If you are stopped by a police officer who thinks youíre 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 BAC level.

If you refuse to be tested for BAC, your driverís license will be immediately suspended. In some cases, you will be forced to have your blood tested whether you give consent or not. Also, you can still be convicted of a DUI even if you refuse to take the test. You do not have the right to be represented by an attorney while you are taking the BAC test.

If you take a breath test and register a BAC of 0.1% or higher, you are operating above the legal limit. This is called the Zero Tolerance Law.