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Implied consent in the state of Iowa

On Behalf of | Aug 26, 2022 | Criminal Defense |

In the general sense of the term, implied consent means that a person agrees to something happening without explicitly stating that they allow it. In states such as Iowa, getting behind the wheel of a motor vehicle means that the driver permits law enforcement to give them a drug or alcohol test at any time, under reasonable conditions. Reasonable conditions mean that a law enforcement officer has good reasons to believe that a driver is under the influence of substances.

How does implied consent work in the state of Iowa, and what does this mean if someone pulls you over?

Implied consent makes refusing a drug test tricky

A traffic stop drug test may include analysis of the breath or other bodily fluids. Every driver has the legal right to refuse to take a sobriety test should a law enforcement officer pull them over. However, courts may see this refusal as an admission of guilt, so tread carefully if you go this route. Refusing a drug test in Iowa can even lead to consequences such as license revocation and civil penalties.

Always cooperate with law enforcement

No matter what the traffic and OUI laws are in the state where you drive, it is imperative to cooperate with law enforcement at all times. This even extends to times when you believe an officer has pulled you over for no reason.

When you are aware of the traffic laws in your state, you can prepare and know what to do and what not to do in the unfortunate case of getting pulled over.