News & Insights

In Washington DC, driving is a privilege and not a right. The implied consent law mandates that by operating a vehicle, drivers consent to chemical testing for alcohol or drugs if suspected of driving under the influence. Refusing this testing carries severe consequences. This blog post will explain the implied consent law and the potential repercussions of refusing a chemical test during a DC DUI case.

The Implied Consent Law: DC Code § 50-1901

DC Code § 50-1905 establishes the implied consent law, stating that drivers who operate a vehicle on public roads have implicitly consented to chemical testing for alcohol or drugs if lawfully arrested for a DC DUI offense. Refusal to submit to testing constitutes a separate offense.

Consequences of Refusing Chemical Testing:

Refusal to undergo chemical testing can lead to the following significant penalties:

• Automatic License Suspension: Refusal to submit to a chemical test results in an immediate license suspension under DC law. This suspension is separate from and in addition to any license suspension imposed upon a DUI conviction. This suspension is put into place by the Department of Motor Vehicles (DMV). If arrested for a DUI, make sure you are working with an DMV experienced attorney who knows how to schedule your show cause hearing and can represent you at that hearing. With the correct attorney, you may avoid having your license suspended even if you refused a chemical test.
• Increased Penalties: A refusal can lead to the government being less willing to extend a Deferred Sentencing Agreement (DSA). In addition, if your matter goes to trial – a judge or jury may infer your refusal as being evidence of a “guilty conscience.”  An experienced Washington DC criminal defense attorney will know how to argue against this inference.

Challenging the Lawfulness of the Arrest

Even with implied consent, it’s crucial to examine all elements of the arrest and the administration of the test:

• Lawful Stop: The initial stop must have been lawful, meaning the police had a valid reason to pull you over. If the stop was unlawful, the evidence obtained from the subsequent testing might be deemed inadmissible.
• Probable Cause: A DC DUI Attorney may challenge the police’s assertion that they had probable cause for a DUI arrest, calling into question the validity of the entire process.
• Proper Procedures: The officer must have followed all proper procedures in requesting and administering the chemical test. Any deviations could invalidate the results.
• Miranda Rights: Ensure your Miranda rights were observed before requesting the test.

Choose Monument Legal for Expert Guidance

The consequences of refusing a chemical test in a DC DUI case are severe. An experienced Washington DC DUI Lawyer at Monument Legal can help you navigate these legal complexities.

Contact the experienced DC criminal defense attorneys at Monument legal today for a free consultation.