Implied Consent in Orange County
Implied consent differs from express consent in that express consent is verbal or written. Implied consent is circumstances around an event would leave a reasonable person to believe they have given their consent.
 The implied consent law means any individual operating a motor vehicle in the state of California has given consent to a chemical test. A chemical test can confirm the existence of alcohol or illicit drugs in a driver’s body. The results can be used as evidence against the driver. Since it is illegal to operate a motor vehicle in the state of California while under the influence of alcohol or drugs, therefore any driver has given “implied consent” to a chemical test to determine the amount of alcohol or drugs in their blood stream.
Implied consent law means you agreed to submit to chemical tests when you signed papers to get your driver’s license since driving while intoxicated is illegal. In other words, you implied your agreement at the time you got your driver’s license. The law serves as a way for law enforcement to gather evidence against a DUI, DWI or DUID driver. (Note: DUI means driving under the influence; DWI means driving while intoxicated; DUID means driving under the influence of drugs).
Law enforcement must have probable cause to suspect a driver is operating a motor vehicle under the influence. Once they have probable cause, have stopped the vehicle, and in the course of their investigation believe the driver is under the influence, law enforcement can have the driver take a chemical test. Refusing to take a chemical test, will most likely result in the driver loosing their driver’s license even if ultimately found not guilty of DUI. The penalties for refusing to take the chemical test may be more severe than if the driver fails the chemical test.
The courts typically look to one of two theories supporting the legality of implied consent laws. The first theory is courts consider driving on public roads and highways is a privilege, not a right. Only those who follow state laws are entitled to driving privileges. This of course, includes laws prohibiting driving while intoxicated. The second theory is courts consider implied consent laws are a reasonable regulation of driving pursuant to the state’s Police Power, so long as the laws do not violate due process. The courts have evaluated the interest of society against the interest of individuals, and have decided that drunk or drug-impaired drivers present enough of a danger to society that a small encroachment of the liberty of the individual is acceptable.
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