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What is implied consent?

Readers of this blog may have heard that Florida, like many other jurisdictions, has an implied consent law on its books. What that means may not be clear to many who have heard of the law's existence but do not know what it mandates. While this post will briefly discuss the role that implied consent plays in drunk driving cases in Florida, it should in no way be read as legal advice.

When a person chooses to drive on the roads of Florida, they implicitly consent to be tested for impaired driving if they are legally arrested on a related charge. That means that they do not have to sign anything to agree to be tested or verbally accept that requirement: driving in Florida means that a person agrees to be tested if suspected and arrested on drunk driving.

However, an arrest for suspected drunk or impaired driving must be legal in order for a person's blood, breath, or other testing to be permissible. If a driver is falsely arrested and forced to submit to testing, the results of their BAC testing should be called into question based on the illegality or impropriety of their arrest. The help of a drunk driving defense attorney may be useful to those who believe that their arrests were improper.

Floridians with drivers' licenses and anyone else who decides to drive on the streets and highways of the state should understand the implied consent law, as well as other legislation that can impact their rights when allegations of drunk driving are made. A drunk driving charge is a serious legal matter and should be handled with the support of a knowledgeable Florida attorney.

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