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Implied Consent Law in Delaware

Implied consent law is implemented in regards to driving on state roads. Specifically, the State of Delaware states that individuals driving, operating, or in actual physical control of a vehicle have consented to chemical tests of his or her blood, breath, and/or urine. However, all individuals may refuse chemical tests but will receive consequences for refusal. Finally, implied consent laws allow officers to require testing when an officer has probable cause an individual was driving under the influence and results in an accident causing death.

Delaware instituted implied consent laws to eliminate individual’s refusing testing without any consequences. Specifically, implied consent laws receive consent to chemical testing through the use of roads. However, individuals may still refuse testing but will receive an immediate suspended license. Also, refusing chemical testing may still convict an individual of driving under the influence with greater penalties.

Implied consent laws allow officers with probable cause to immediately suspend driver’s licenses. However, the officer must inform the individual of the consequences associated with refusal to submit to chemical testing. The officers not informing an individual of the consequences to refuse will not eliminate the evidence collected. Additionally, implied consent laws allow officers to arrest individuals for driving under the influence once the individuals refuse testing. However, officers must possess probable cause to initiate chemical testing regardless of implied consent.

Finally, the State of Delaware instituted implied consent laws to ensure that individuals will not escape penalties from merely refusing testing. Any individual refusing chemical testing will receive a suspended license for a specific period of time. The length of an individual’s suspension depends on the prior refusal or convictions as well as any other factors. Implied consent laws merely state that any individual using Delaware roads consents to chemical testing.


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