How have courts interpreted implied consent in the context of drunk driving laws?
California, United States of America
The following excerpt is from People v. Ascencio, D066806 (Cal. App. 2015):
(Schneckloth v. Bustamonte, supra, 412 U.S. at p. 227.) In the context of drunk-driving laws, California (along with all the other states) has enacted an implied consent statute that places a driver lawfully arrested for drunk driving on notice that he or she has consented to a chemical test to determine blood-alcohol concentration. ( 23612; see McNeely, supra, 133 S.Ct. at p. 1566.)
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