Why Implied Consent?
Each person has Constitutional rights to privacy and against self-incrimination. Those Constitutional rights would be violated if the police took chemical samples from citizens without permission or consent. Therefore, the law says that the act of driving a vehicle in California constitutes the consent that police need in order to take and test blood, breath or urine from an arrested DUI suspect. Because that consent need not be given expressly, it’s called “implied consent.
