Implied Consent DWI Texas Laws – Refusing A Breath or Blood Alcohol Test
What is Texas DWI Implied Consent Law?
The Implied consent law says that Texas drivers who are arrested lawfully for DWI to take chemical tests to determine their blood alcohol concentration or BAC. Tests also detect drugs in a driver’s system. Texas uses DWI instead of a DUI. For a lawful arrest, an officer has to have probable cause to detect that you have been driving while under the influence of drugs or alcohol. An officer decides which type – a breath or blood – test you are asked to take. When you agree to take the test requested by the officer you can rightfully have a blood test done within 2 hrs of your arrest by a medical expert. You may choose the person but you must pay for it. Ordinarily, an officer can’t force you to do a test. If for any reason you choose that you do not want to get tested, there are consequences but the police officer must respect your decision. For legal representation, you can contact a Houston DWI Attorney at the Butler Law Firm. BAC testing is mandatory under the following circumstances:
- You were involved in an incident/accident where death or serious injury occurred.
- You were previously convicted for an assault while intoxicated, intoxication manslaughter, two other previous DWI convictions, or just one when a child was in the vehicle.
Arresting officers are required by state law to provide you with the details of the consequences of refusing a test. You may be fined, get jail time if you are convicted, or lose your driver’s license. You must also be told that you do not have the right to talk to a Houston DWI Attorney before taking the test and that a refused test can be used against you in a court proceeding.
Implied Consent and Pre-Arrest Tests
Implied consent laws do not require drivers to submit to chemical tests before a lawful arrest. To establish probable cause for an arrest to be made an officer may ask a driver to take a preliminary alcohol screening test or PAS. This test is done using a handheld breath test or breathalyzer outside the car.
Refusing A Post Arrest Exam
If you refuse to take a test, the penalty is a 180-day suspension of your driver’s license. You may lose a license for 2 years if you decide not to take a test that you have on an alcohol or drug enforcement contact in the past ten years. Prior enforcement contacts include DWI convictions, BAC test refusals, and fail BAC tests.
Is it OK to Refuse a Required Chemical Exam?
It all is dependent on the consequences. Refusal may not keep you from being convicted because you could be found guilty without the results of the test. The prosecution can take up an argument with a jury that shows your refusal to take a test as a show of guilt. You were aware of your intoxication and so, you refused the test.
Talk To A Houston DWI Attorney
If you have been arrested in Texas for a DWI, now is the time to get assistance from knowledgeable DWI attorneys like those at Butler Law Firm. A DWI is a conviction that carries serious consequences including one that involves repeat offenses or physical injuries. You should hire a Houston DWI Attorney who knows the legal local court system and all the laws pertaining to DWIs. Make sure to call the Butler Law Firm at (713) 236-8744.