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Difficulty: EasyImplied Consent Laws and Refusal Penalties

After being placed under arrest for impaired driving, a motorist declines the officer's request to submit to an evidentiary breath test. What administrative action will the driving licensing agency take as a result of this refusal?

  1. An immediate administrative suspension or revocation of the driver's licenseAnswer
  2. B
    Suspension of driving privileges only if the driver is subsequently convicted of DUI in court
  3. C
    A temporary monetary fine without any impact on driver's license status
  4. D
    An exemption from chemical testing if the motorist performs physical field sobriety tests instead

Answer

An immediate administrative suspension or revocation of the driver's license
By driving on public roads, motorists give implied consent to chemical testing when lawfully arrested for impaired driving. Refusing an evidentiary chemical test results in a direct and mandatory administrative driver's license suspension by the licensing agency.

Step-by-Step Solution

1
Identify the legal obligation established by implied consent laws upon a lawful impaired driving arrest.
Drivers on public roads implicitly agree to submit to chemical testing (breath, blood, or urine) when arrested under suspicion of driving while impaired.
Implied consent is a condition of holding a driver's license and operating a vehicle on public roadways.
2
Determine the legal consequence of refusing to submit to the chemical test.
The state licensing agency administratively suspends or revokes the driver's license immediately upon notification of refusal.
This administrative action is separate from any court trial or criminal conviction.

Key Concept

Implied consent laws mandate automatic administrative driver's license suspension for refusing a post-arrest evidentiary chemical test.
Estimated Time:45s
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Implied Consent Laws and Refusal Penalties

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