The term "implied consent" tends to get tossed around rather easily. However, Washington police officers treat the implied consent law with veracious sincerity, even at the possible physical detriment of a driver. A man now facing a felony DUI charge may be an example of just how far implied consent can go.
It started with an accident between an SUV and a motorcycle that tragically ended in the motorcyclist's death. The driver of the SUV told authorities that he hadn't been able to see the motorcycle. During this conversation, police believed that they smelled alcohol on the man, even though he did not report drinking anything at the time. A subsequent Breathalyzer test resulted in a blood-alcohol content above the legal limit -- .145 percent.