Many people don’t fully understand the Texas laws that govern the operation of motor vehicles. When you obtain your license, you may not realize that you are also agreeing to abide by a law known as implied consent.
This law basically states that if you operate a motor vehicle in Texas and are pulled over on suspicion of driving while intoxicated, you have already agreed to chemical testing if requested by a law enforcement official. The two types of specimens commonly taken in these tests are breath and blood.
Do Implied Consent Laws Mean You Can’t Refuse Testing?
You still have the right in Texas to refuse to provide a sample when a law enforcement official requests one; however, you need to know your refusal will have consequences.
The first consequence is that your license will be automatically suspended. You have the right to request a hearing to have your license reinstated. At the hearing, if it’s found that you had good reason for refusing chemical testing, your license can be reinstated.
If, however, it’s found that you didn’t have a good reason for your refusal, your license will be suspended for the mandatory time frame as stated in Texas law. A first refusal can result in a license suspension of 180 days.
A second refusal can result in a license suspension of two years. If you have prior alcohol-related convictions on your record, your first refusal can result in a license suspension of two years.
Get in Touch with a DWI Attorney in Texas
If you’ve refused testing when a police officer requested it, you may still be able to avoid having your license suspended. Your Fort Worth DWI lawyer can assist you with your hearing and help you fight a DWI charge.
To contact the Law Offices of Jeff C. Kennedy, give our office a call at 817-605-1010. Also, you can visit our website to learn more about battling DWI charges in Texas.