What Is Implied Consent?

One of the most crucial aspects of the notion of privacy is the concept of consent. Consent ensures that people have control over the collection, use, disclosure, and retention of their personal information. Consent can be expressed or implied.

Implied Consent in a Medical Setting

Implied consent happens through the actions or behavior of an individual. In the case of a patient, when oral and expressed communication with their healthcare providers is not possible, implied consent may be assumed through a patient’s nodding of the head, and also by their simply showing up to an appointment or to the place and time where a surgical procedure is supposed to take place. If a patient had to fast for 24 hours prior to the surgery, for example, it is implied that they agree to the surgery.

There are certain limited exceptions; otherwise, patients must expressly consent to any proposed disclosure to any third party. However, the healthcare facility or provider must make sure that the patient fully understands how the information will be disclosed or used in order for the consent to be valid. Yet, even when the patient has consented to the disclosure of their personal health information for a certain purpose, only that portion of the information that is relevant to the purpose should be disclosed.

Implied Consent and Driving

By the simple fact that you accept the privilege of driving on the roads of the state of Florida, and by the fact that you are operating a vehicle on them, it is implied that you have given consent to submit to any lawful request issued by an officer of the law.

Implied Consent and DUI

Florida’s Implied Consent laws determine when and how a police officer is permitted to request or administer certain tests when a DUI investigation is taking place. If you get pulled over because you are suspected of driving under the influence, the laws in Florida state that implied consent includes your agreeing to have a breath, urine, or blood test to measure your blood alcohol levels. Each one of those tests has specific conditions in which they may be used.

Refusing to Submit to the Required Blood, Urine or Breath Test

The implied consent laws in the state of Florida are accompanied by serious penalties when a driver refuses to be subjected to any of the above-mentioned tests after a lawful arrest for DUI. These penalties are:

• For refusing the first time – 1-year driver’s license suspension
• For refusing a second time – 18-month driver’s license suspension. Additionally, a second refusal is classified as a first-degree misdemeanor. It carries penalties of up to one year in jail or twelve months’ probation and a one thousand dollar fine. Also, the refusal may be used as evidence against the accused in a criminal proceeding.

Are there any defenses to implied consent?

Several defenses are available to challenge the admissibility of test results requested following Implied Consent Law. Among them:

• Lack of reasonable suspicion or probable cause for the initial traffic top
• Lack of probable cause to the request
• No actual refusal took place.
• Inaccurate statements
• Invalid consent

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