Thursday , July 16 2020
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The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.”

An oft repeated refrain goes something like this:

“It’s called the implied consent law and everyone signs the form when they get their driver’s license.” 

One article goes on to state that many people do not remember when they signed this form.  What surprises me, is that anyone DOES remember signing the form in Virginia since no such form exists! 

“Implied” legally means “it never actually happened.”  If you did sign a form, then Virginia would have “express” written consent to chemically test you.  Further, Virginia Code § 18.2-268.2 says that simply by driving on a highway in Virginia that you are “deemed” to have consented to have a blood or breath test.  That is, you never really consented so the State will “deem” you to have consented.

Sometimes common sense calls for implying consent.  For example, the law implies an acceptance of a gift once the gift is used.  That makes common sense:  if you wanted to reject the gift, you certainly wouldn’t unwrap it and start to use it.  However, the link between driving and agreeing to have your blood drawn is not common sense.  No one starts their car down the highway in the morning thinking, “I’ve just agreed to give blood.”

It’s not fair.  That’s my best guess why citizens (and even some attorneys or their web developers) assume that you must have signed something, sometime.  If you have been charged with a DWI, then you need a DWI attorney to protect your rights from this and all the other “Constitutional exceptions to DUI.”

Our passion at Tillotson & Martin, L.L.C., is defending citizens against such unfair DUI laws.  We write the book for DWI defense for Virginia attorneys and provide seminars for attorneys on how to beat the breath test machine.  We train extensively to develop and improve cutting edge defenses.  Our attorneys are active National College for DUI Defense members, are certified in NHTSA Field Sobriety Testing, and are trained to interpret breath test and blood test data.

Don’t let a DWI ruin your life.  We strive to be the best trained and most prepared Virginia DUI attorneys so that we can aggressively fight for your rights.  Call us for a free consultation at (757) 969-5197.

About Mike Tillotson

Mike Tillotson
Mr. Tillotson graduated summa cum laude with a Bachelor of Science in Criminal Justice Studies in 1986. He received the Alpha Signa Award for graduating with the highest grade point average in his field of study. In 1990, he received his juris doctor from Marshall-Wythe School of Law at the College of William and Mary. Being involved in professional legal organizations allows attorneys to keep abreast of the latest information in their field. Mr. Tillotson is an active member of the Virginia Association of Criminal Defense Lawyers and the National College for DUI Defense as well as a Lifetime Member of the National Association of Criminal Defense Lawyers. He has also been recognized by the National College for DUI Defense for his dedication to defending citizens who have been accused of driving while intoxicated. Mr. Tillotson was recognized as one of The American Trial Lawyers Association's Top 100 Trial Lawyers from Virginia.

If you would like to contact the author, please visit: http://virginiabeachduilawyer.net


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