What is an implied consent law?

You may hear stories of people being detained for drunk driving after registering a blood-alcohol measurement in excess of the legal limit and wonder why anyone in Covington who might potentially be driving drunk would consent to such testing. This likely comes from your assumption that law enforcement officers cannot force you to do anything that you do not want to do. What you likely do not know is that you (and every other driver in Kentucky) has already agreed to such testing. 

If you are wondering when you made this agreement, understand that the state has enacted an "implied consent law" (whose details can be found in Section 189A.103 of Kentucky's Revised Statutes). According to this law, by operating a vehicle on any of the state's roads, you have consented to have your blood, breath or urine tested for any substance that may impair your driving ability. A refusal to submit to such testing could result in criminal penalties independent of those you may be charged with if authorities believe you were driving while intoxicated. 

Interestingly, field sobriety tests and preliminary alcohol screenings (roadside breath tests administered with a breathalyzer device) may not fall under the purview of the state's implied consent law. You can, then, refuse such tests. However, doing so may provide an officer with probable cause to believe you are intoxicated, at which point he or she can subject you to the chemical testing mandated by the law. 

After you have completed any of the tests required by law enforcement, you are then entitled to have your own round of testing done by a person of your choosing. If the results of subsequent tests refute those done by law enforcement, you might be able to use them to challenge any charges filed against you. 

No Comments

Leave a comment
Comment Information
Official Local County Resources
  • Kenton-County
    Kenton County
  • Boone-County
    Boone County
  • Campbell-County
    Campbell County
  • Hamilton-County-State-Of-Ohio
    Hamilton County
  • Clermont-County-State-Of-Ohio
    Clermont County
  • Butler-County-State-Of-Ohio
    Butler County

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
Contact: The Berger Firm
Office Location:

118 W 5th ST
Covington, KY 41011

Phone: 859-479-2920
Fax: 859-431-1003
Covington Law Office Map

Office numbers: