Despite the fact that all 50 states have implied consent laws, which dole out punishment for refusal to take a sobriety test, refusals are still common practice in many states, and it’s letting repeat drunk drivers who are well versed in their state laws walk away from DUI convictions.
Implied consent laws apply penalties to drivers who refuse a sobriety test. These laws typically suspend a person’s license for a one year minimum for a first DUI offense/first refusal. However, as many of us are aware, suspended licenses don’t necessarily stop the driver from driving again. According to MADD, 50-70% of drivers with a suspended license continue to drive during suspension.
Kansas has recently passed a new implied consent law that doles out mandatory jail time for test refusal if you have a previous DUI conviction. Their aggressive approach is intended to stop repeat offenders who “know their way around the laws” and refuse testing, avoiding prosecution.
Proponents of the Kansas law, which went into effect on July 1, believe it will help in the fight against repeat, Hardcore Drunk Drivers. Kansas officials estimate that up to 30% of repeat DUI offenders currently refuse testing, and they believe the new standards will substantially reduce that number.
Opponents of the new law believe it will increase court and incarceration costs and do nothing to curb DUIs, only make it easier to prosecute suspected drunk drivers. Kansas is one of just a handful of states employing incarceration in their implied consent laws.
The bottom line is that laws need to be tough enough to allow law enforcement and prosecutors to protect our roads. In Florida, a recent news story discussed the frustration of prosecutors and law enforcement with the test refusal loop hole. The reporter shared that for many residents, it’s common knowledge that refusing the test will help avoid a conviction, despite the fact that it’s printed clearly on each state driver’s license: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.” Four out of 10 suspected drunk drivers refuse a breath test in Florida.
What do you think about implied consent laws?
Stay tuned, we’ll continue to cover this topic in more depth, with a look at the impact of the digital age on quick search warrants and the growing trend of “phleboto-cops,” who are law enforcement officers trained to conduct roadside blood draws.
