Implied Consent

Definition - What does Implied Consent mean?

Implied consent is when express consent is not given. However, the circumstances surrounding the facts will lead a reasonable person to presume that consent was given.

Justipedia explains Implied Consent

Implied consent laws exist in the United States. In the context of drinking and driving, it is presumed that if you operate a motor vehicle and you are pulled over, then you have consented to the use of a field sobriety test because you were operating the vehicle.

Implied consent exists in other contexts of the law as well. In some contacts, there is implied consent that services will continue after a specified period of time. Some people use implied consent for an affirmative defense for date rape.

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