Implied Consent Laws in Driving Under the Influence of Drugs Cases

Many states have an implied consent law that essentially provides that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of the motorist's blood if the motorist is lawfully arrested. The implied consent laws generally penalize a motorist with license suspension or other sanctions if the motorist refuses to provide a sample of blood or urine for testing. However, some states, such as New Jersey, do not have an implied consent law for testing for drugs. Some states provide for testing, but do not provide for the taking of multiple samples.

The implied consent statutes have been challenged on the grounds that they violate motorists' constitutional rights. However, multiple courts have held that the statutes do not violate motorists' Fourth Amendment protection from unreasonable search and seizure or motorists' Fifth Amendment right against self-incrimination. The statutes are upheld upon the ground that driving is a privilege subject to reasonable regulation.

However, before a police officer can request chemical testing, the officer must have reasonable grounds to believe that the motorist is under the influence of a controlled substance. What is considered reasonable grounds will depend upon the motorist's behaviors and actions. If a motorist shows indisputable signs of drug use, the court is likely to find reasonable grounds for believing that the motorist was under the influence of a controlled substance.

Most states with implied consent laws require a police officer to warn a motorist of the possible consequences of refusing to submit to a chemical test. In some states a motorist is given a right to consult an attorney before deciding whether or not to submit to a chemical test. However, because a significant delay could render the tests useless, any right to an attorney before submitting to a chemical test is a limited right.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.