(April 2013). Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).ll U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a field sobriety test and/or a Breathalyzer or similar manner of determining blood alcohol concentration.