Refusal to Submit to Implied Consent Test: Loss of Driving Privileges

Man pulled over by police officerAn implied consent “warning” is basically an advisement that informs you of what will happen to your license or privilege to drive if you refuse to take an official alcohol test. You will not have been asked to do so until arrest occurs. “Refusal” of an implied consent test has been broadly defined to mean any conduct other than saying yes and submitting to the requested type of testing.

In some states, you cannot even change your mind if you first refuse the testing. The type of test (when only alcohol is suspected) is usually breath. If other drugs are suspected, blood and/or urine tests may be requested. Requesting or demanding to speak to an attorney or faking cooperation with the testing has been determined (on appeals to several states’ appellate courts) to be a refusal. Refusal to submit to an implied consent test can result in a “hard” suspension (without any limited privileges to drive) for 12 months or longer, in some jurisdictions.