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Posted by on Jan 4, 2015 in Criminal Charges | 0 comments

Implied Consent and DUI Defense

If you are facing criminal charges in any state, it is extremely important that you get legal representation right away because you may inadvertently subvert your defense by saying or doing something wrong. However, it is not enough that you get a lawyer; you should get a lawyer practicing in the relevant state.

Why is this important? In the US, each state has its own set of laws that may be similar but not the same as in other states, and this difference can spell the difference between a conviction and a dismissal. A very good example of this is the implied consent law as it pertains to driving under the influence (DUI), driving while intoxicated (DWI), or operating while intoxicated (OWI). The term changes as well from state to state, but they all more or less mean driving while impaired from excessive consumption of alcohol or other intoxicating substance.

Implied consent is generally defined in this context as the agreement of any driver that goes on public roads to submit to sobriety tests i.e. blood testing when there is probably cause for it i.e. erratic driving without requiring the law enforcement officer to explicitly ask for it or to have a warrant in evidence. Most states have what is called an implied consent law that levies automatic penalties for those who refuse to submit to sobriety tests when required, according to the website of Mark Lassiter, Attorney at Law. But not all states have implied consent laws, and not all of those that have it can enforce it without question.

In Texas, for instance, the appeals court ruled that the state’s implied consent law is unconstitutional and any evidence gathered in tests taken without the explicit consent of the defendant was not admissible in court. The law is still there, but unless the Supreme Court reverses that ruling, it cannot be enforced. A Dallas DUI lawyer would find this a very interesting development.

In Iowa, on the other hand, the implied consent law is enforced. Its constitutionality in that state at least has not yet been brought into question. It can be scary to be brought up against OWI charges but more so if you are in the dark. For any success in emerging unscathed, you need to have an experienced criminal defense lawyer by your side.

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