Does a person without a driver license fall under the implied consent laws?

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Does a person without a driver license fall under the implied consent laws?

Under my state’s implied consent laws, a person must give a sample of breath, blood, or urine if an officer has probable cause to make the arrest 9e.g. after exhibiting enough cues on SFST’s). This was explained by the instructor as an acknowledgement that you accept the terms and conditions when you get your driver license. Does this law still apply if the driver does not have a license?

Asked on May 7, 2012 under Criminal Law, Wisconsin

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The implied consent law applies to anyone who has been ordered to comply with a breath test procedure and refuses to, regardless of whether or not they are licensed. In most states a refusal can result in an automatic suspension of their drivers license. If unlicensed, that peron can be subject to further criminal penalties for driving while licensed suspended or driving without an operators permit.  


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