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What Is Implied Consent?

When a person commits any kind of act, it is necessary to not just view the act that was committed but if the person committed the act out of his or her own free will. Thus, it is important to take into account consent. Different forms of consent exist. Consent can be given directly through written or verbal communication, or it can be inferred or presumed from a person’s actions or inaction. The latter type of consent is referred to as implied consent.


Implied consent is an important legal concept that a person commits when he or she drives on roadways, or when companies operate in areas where they are not originally from. Implied consent is also often the subject of civil disputes. For the first instance of implied consent in driving on roadways, implied consent begins the moment that a person applies for a driver’s license. By obtaining a driver’s license and driving a vehicle on roads, the person is providing implied consent that he or she will abide by all the road rules and regulations set forth. This means that in the event of being stopped by a law enforcement officer due to suspicion of driving under the influence, the person must submit to a sobriety test or Breathalyzer. It is also through implied consent that the person can be subject to other tests in order to ensure that the person is following all the necessary road rules, and to ensure the safety of other motorists in the area.


 

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