Implied Consent

The implied consent concept refers to the idea that when you get your driver’s license, you agree that if you are ever arrested for suspicion of driving under the influence (DUI/DWI) of drugs or alcohol, you will submit to a blood, breath, or urine test (depending upon availability and whether the suspected chemical was drugs or alcohol). Your agreement to this arrangement was implicit upon getting your license; therefore, implied consent.

While implied consent laws vary by state, your implied consent applies to the state in which you were arrested, not the state where you got your license. That is, if you have a license in a state with no implied consent laws, and you are arrested in a state that does have implied consent laws, you are subject to that state’s implied consent laws.