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Implied consent and DUI cases

We don't always read the small print. Whether it is terms for an online purchase, a booklet contained with a new purchase or a contract one has entered into, it is easy to overlook the multitude of information included in these matters. In some cases, individuals may not be fully aware of what they just agreed to by making a purchase or carrying out any other action. Take for example a driver's license. A motorist is complying with certain terms when obtaining a license.

Some residents in Iowa and elsewhere may not be aware of implied consent laws and how they tie in with their driver's license. Implied consent means that when an individual applies for a driver's license, he or she gives consent to field sobriety tests and chemical tests used to determine impairment.

In a DUI case, if a driver is suspected of being under the influence of alcohol, a police officer will likely ask them to submit to a field sobriety tests or a breath test. The failure to do so because one refuses to submit to them could result in consequences. For example, a person could automatically have their license suspended if they refuse to participate in any of these tests. One could face further penalties in these matters as well.

While these vary state by state, the refusal to submit to a breathalyzer test could result in six or 12 months of license suspension. Even more so, it is possible to face harsher penalties if a driver is convicted of a DUI and also refused to submit to these tests.

Facing a DUI charge can be a serious matter. No one wants to face criminal penalties. Therefore, it is important to understand your matter and how best to craft a criminal defense. This might mean conducting additional information and using evidence to prove that the traffic stop, evidence collection or arrest were not lawfully conducted.

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IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association

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J. Dean Keegan and Eric Tindal, Attorneys at Law
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