INTERPRETATION OF IMPLIED CONSENT LAWS BY THE COURTS

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NCJRS Virtual Library The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works. Click here to search the NCJRS Virtual Library INTERPRETATION OF IMPLIED CONSENT LAWS BY THE COURTS NCJ Number 7025 Author(s) R H Reeder Date Published 1972 Length 47 pages Annotation BACKGROUND, OPERATION AND APPLICATION OF THE LAW REQUIRING DRIVERS TO SUBMIT TO A CHEMICAL TEST TO DETERMINE BLOOD ALCOHOL CONTENT OR LOSE THEIR LICENSES. Abstract ALL FIFTY STATES HAVE ENACTED THE SO-CALLED IMPLIED CONSENT LAW. THESE LAWS TYPICALLY PROVIDE THAT ANY PERSON WHO OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IS DEEMED TO HAVE GIVEN HIS CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF HIS BLOOD. THE TEST IS ADMINISTERED BY A LAW ENFORCEMENT OFFICER WHO HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL WHILE IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE. IF A DRIVER REFUSES TO SUBMIT TO THE TEST, HIS LICENSE WILL BE REVOKED. A COMMON OBJECTION TO THIS LAW IS THAT IT SEEMS TO VIOLATE THE RIGHT AGAINST SELF-INCRIMINATION, BUT COURT DECISIONS HAVE HELD THAT THIS PRIVILEGE PERTAINS ONLY TO SELF-INCRIMINATING STATEMENTS AND DOES NOT INCLUDE COMPULSION WHICH MAKES A SUSPECT OR ACCUSED THE SOURCE OF REAL OR PHYSICAL EVIDENCE. IN ADDITION TO DISCUSSING THIS CONSTITUTIONAL ISSUE, THE STUDY ALSO CONSIDERS ARREST, PROBABLE CAUSE, REVOCATION OF LICENSE, PROCEDURES AT HEARINGS, WARNINGS, AND APPEALS. THIS DESCRIPTION OF THE BACKGROUND, OPERATION AND APPLICATION OF THE IMPLIED CONSENT LAW WILL BE PARTICULARLY USEFUL FOR LAW ENFORCEMENT OFFICERS IN STATES WHICH HAVE RECENTLY ENACTED OR REVISED DRUNK DRIVER IMPLIED CONSENT LAWS.

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Corporate Author Northwestern University Traffic Institute Address

405 Church Street, P.O. Box 1409, Evanston, IL 60204, United States

Publication Format Document Language English Country United States of America

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Alcohol consumption analysis Alcoholism Constitutional rights/civil liberties Driving Under the Influence (DUI) Drunk offender implied consent