Yes
Yes
The implied consent law says a driver has agreed in advance to take a blood alcohol test:
If you're asked to take a test for blood alcohol content after you have been found driving, it's called the Implied Consent Law. If you read the application for a driver's license carefully, you'll see it includes language that provides when you drive a car on public roads in that state, you give your consent in advance to a test of your breath or blood for alcohol content if so requested. Your consent is implied in advance. If you refuse, your driver's license will likely be suspended or revoked.
Implied consent became law in Georgia with the passage of the Implied Consent Law in 1967. This law mandates that drivers in Georgia are considered to have consented to chemical testing for blood alcohol concentration (BAC) when they operate a vehicle. Refusal to submit to such testing can lead to penalties, including license suspension. The law was designed to aid law enforcement in combating drunk driving.
He/she is suspected of driving under the influence, and the officer either issues a breathalyzer test or blood test.
The implied consent law states that if a licensed individual is driving and a police officer stops him or her under the suspicion of being under the influence of a substance or drug, the driver has agreed (in advance) to be tested.
The implied consent concept refers to the idea that when you get your driver's license, you agree that if you are ever arrested for suspicion of driving under the influence (DUI/DWI) of drugs or alcohol, you will submit to a blood, breath, or urine test . Your agreement to this arrangement was implicit upon getting your license; thus, implied consent.
Georgiaâ??s implied consent law says that if you are arrested for a DUI then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content. If you refuse then your license will be suspended for at least one year.
Explicit consent and implied consent are two types of consent. Explicit consent is given explicitly and clearly, while implied consent is understood through actions or behavior.
This is typically covered under implied consent laws, which state that by using public roadways a driver agrees to submit to chemical tests to determine their blood alcohol concentration or drug presence if lawfully requested by a police officer. Refusing to take such tests can result in penalties such as license suspension.
B. False Under Florida's implied consent law, if a driver refuses to submit to a test for the presence of alcohol or drugs, their driver's license may be suspended and they can still be arrested for DUI based on other evidence.
Implied consent.