Failure to read Implied consent?

Question

Failure to read Implied consent?

Anonymous Mar 20, 2012 2 views 2 answers

I took breath test as soon as we arrived at station without reading of Implied Consent by officer.Charged with DUI/DWI. BAC was high due to medical conditions (gerd). However,officer made me sign Implied Consent only when I was about to leave his office.Is that appropriate? What if my eventual attorney sends motion to suppress BAC for failure of Implied Consent? Will the officer be at DMV hearing to be confronted for license suspension? Thanks for your clarification.

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL · Accepted Answer · 2026-06-15T10:37:03+00:00

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL · Jun 15, 2026

Without examining all reports, note and evidence, wihtout trying a Motion as you cited it is impossible to speculate on the outcome.

0 upvotes

David Stein · Accepted Answer · 2026-06-15T10:37:03+00:00

Your knowing and voluntary waiver and therefore submission to the chemical testing is clearly an issue here. Especially if the arresting officer did not also orally inform you of your rights under the Statute. The admission of the BAC results into evidence should be challenged both with the DMW and the criminal prosecution. Go ahead and also review our blog on this subject.

Failure to read Implied consent?

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