What is implied consent when driving?

My friend had their license suspended because they refused a breathalyzer test—is that even legal? The officer who pulled them over said something about implied consent. What is implied consent when driving?

Brittni Brinn · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
If you apply for a driver’s license or are driving a vehicle, you have legally given your implied consent for chemical tests to be done on your breath, blood, and urine if substance abuse is suspected. When the officer pulled over your friend and suspected drinking and driving, they were legally allowed to request that your friend take a breathalyzer test.
Because the implied consent law exists to prevent
and other substance-related accidents, the penalties for refusal are pretty serious. Depending on the state, you could face the following for refusing a breathalyzer:
  • A citation on your record
  • License suspension
  • A fine
  • Jail time
  • Mandatory safe-driving course or driver intervention program
  • Increased insurance rates
Some insurance companies may even deny or cancel your coverage if you have a citation for refusing a breathalyzer.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.

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