Implied consent DUI question?
This question is purely theoretical. Most state laws have a "implied consent" law that says the if and/or when you get a driver's license, you are giving consent to have a DUI test by police. My question is what if you never got license(yes, I know driving without a license) do implied c...
This question is purely theoretical.
Most state laws have a "implied consent" law that says the if and/or when you get a driver's license, you are giving consent to have a DUI test by police. My question is what if you never got license(yes, I know driving without a license) do implied consent laws still apply to you?
It would be interesting to see how a court applied it. The State, I’m sure, would argue that driving on one of their roads was enough to give the necessary implied consent.
A better example might be a tourist. Say, for example, that a tourist on vacation from England (where there is no implied consent to a DUI test) rented a car in Florida – which does have implied consent. While legally driving the rental car, he’s pulled over by a Florida cop. Would a Florida (Or Federal, if it got to a Federal court) judge find that the mere act of driving on a Florida road gave consent to a DUI test?
Personally, I doubt it, but a ‘really’ quick check didn’t show any case law that was directly on point.
Richard
You can refuse to take the breathalyzaer tests but the law gives an indication of being guilty and would have to prove differently. Some lawyers would want you to refuse and then let them fight it. But they can take your license immediately then and then you go to court to fight it and to get license back. If you want to get beyond theoretical, see an attorney to ask. I’d never suggest you drive without a license.
I cannot give you legal advice so this is just theoretical and guestimation.
are you required to have a license? http://www.theforbiddenknowledge.com/hardtruth/driver_licensing.htm
if you are driving without a license and you are drunk, you will go to jail, go directly to jail, you will not pass GO and you will not collect $200
Your screwed, In the state of florida they will take you down. Your license will be revoked for 5 years or maybe longer. I have never made a stop like that before. Plus if your driving without a license you get another revoke on your license which will make it longer. You go to jail for a maybe a year since its not a felony yet. I would tell you, if you haven’t DONT. Bad idea, I have seen alot of retarded people in stops but you would be my best. And yes you are required to do any test a police officer says if they have probable cause. The police officer can them require your to take a test, then if you fail, is allowed to test your breath. If your refuse at any time your license once agian will be taken away and you will go to jail. Any car used during this will be impounded, and you will be fined.