If you are pulled over for a suspected DWI or DUI and requested by a police officer to take a DWI breathalyzer or blood test, are you required to do it? What happens if you refuse?
Here is what you need to know about the Texas Implied Consent Law and what it can mean to you if you ever find yourself in this situation.
Getting Pulled Over
If a police officer pulls you over on suspicion of driving while intoxicated (DWI), you’ll be asked to take a breathalyzer test. However, just because a test has been requested, it’s not required by Texas law to determine your blood alcohol content (BAC).
The following are the Texas legal limits for BAC:
• Under 21 years old = Any detectable amount of alcohol.
• 21 years or older = .08
• Commercial driver = .04
To determine an estimate of how many drinks these limits mean for you, calculate your personal BAC depending on your age, gender, size, and type of drink.
Refusing to Take the Test
In 2014, the Supreme Court ruled that taking the breath or the blood of a person without permission or with a warrant is unconstitutional. Under the Implied Consent Law, a Texas citizen may refuse to take a breathalyzer or blood test to determine his or her blood alcohol content level. This refusal may can be used against you in a trial and may result in a driver’s license suspension.
If you do decide to take the breathalyzer test, it must be taken as soon as possible from when you were last driving or boating. Once the officer’s test is completed, you have the right to take a blood test by a medical professional of your choice within two hours of your arrest.
Comparing Consequences
It’s important to know that just because you can refuse to take a blood or breath test, you won’t get off without any consequences. There are still legal repercussions. However, it may be harder for a prosecutor to have you convicted of a DWI based on a lack of BAC evidence.
Here is a comparison of possible penalties for each scenario:
Volunteering to take the test and being over the legal limit (depending on your number of offenses):
• Minimum jail time of 3 days to 2 years
• Fines and penalties from $2,000 up to $10,000
• License suspension of 90 days up to 2 years
• Possible required use of Interlock Ignition Device
Refusing to take the test but accused of being over the legal limit (depending on the number of offenses):
• You will be asked to sign a statement saying the officer warned you of the consequences of refusal, yet you still refused the test
• Driver’s License suspension from 180 days up to 2 years
• Receive a temporary license good for 40 days at the time of arrest.
• A prosecutor may use your refusal against you
Requesting a Court Hearing
If either you fail or refuse to take the test, it is pertinent for you to request a hearing to try to save your driver’s license. This request must be made within 15 days of your arrest or your right will be revoked. These requests must contain specific information and will be refused if filed later than 15 days from the date of arrest.
To avoid or reduce the consequences of driving while intoxicated, your best bet is to hire an experienced lawyer who is knowledgeable about Texas law and how your county’s court system works.
For expert DWI/DUI advice, contact Eric Harron today!
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