What is Implied Consent?

According to Texas State Transportation Code §724.011, it is assumed that anyone who is suspected of driving while intoxicated (DWI) has implicitly consented to submit to chemical testing. Since this is an implied condition of obtaining a valid driver’s license in the state, you would be subject to legal consequences if you fail to comply with a law enforcement officer’s request. Although you do have the right to refuse – since the police cannot compel you to take a test unless you have caused an accident in which someone else was injured or killed – you would automatically be guilty of violating the “implied consent” section of the Texas State Transportation Code. It is also important to note that you could still be charged with DWI even if the arresting officer has not gathered concrete evidence of an unlawful blood-alcohol concentration, as they must only show that you displayed signs of intoxication.

Should I Refuse a Breath Or Blood Test If I Have Been Drinking?

Although some lawyers will tell you that it may be a good idea to refuse a breath or blood test if you believe that your blood-alcohol concentration (BAC) has exceeded the legal limit of 0.08 percent, it is important to take a few things into consideration. First, you could still be charged with DWI if you refuse to take a chemical test. Second, you would face additional penalties if you refuse and are subsequently convicted of DWI. Third, you would face automatic penalties for violating the state’s implied consent laws – regardless of whether or not you are concurrently charged with DWI. For this reason, the DWI lawyers at Jim Medley & Associates recommend that you choose wisely. Even if a chemical test performed under implied consent laws shows that your BAC is at or above 0.08 percent, you would still have time to challenge the validity of the results. As such, you should not assume that a failed breath or blood test would automatically result in a conviction.

Penalties For Refusing a Breath, Blood Or Urine Test In Texas

If you have willingly decided to refuse a breath, blood or urine test at a law enforcement officer’s request, you would be subject to automatic penalties. For a first-time refusal, your driver’s license would be suspended for a minimum of 180 days – which is twice as long as the suspension that is imposed for DWI (90 days). Upon the confiscation of your license, the officer is required to provide you with a temporary driving permit that would be good for the next 41 days. If you would like to contest the impending suspension, you would have 15 days to request a license suspension hearing with the Department of Public Safety. At this hearing, you would have the opportunity to contest the constitutionality of the license suspension. The help of an experienced DWI attorney from Jim Medley & Associates P.C. can assist you in developing a strong case.

Put More Than 20 Years Of Legal Experience In Your Corner

Whether you are interested in contesting the suspension of your driver’s license or you have been arrested and charged with DWI, the dedicated legal team at Jim Medley & Associates is well qualified to help. Not only can their team contribute more than 20 years of experience to your defense, but lead attorney Jim Medley can also utilize his master’s degree in forensic toxicology to help contest the charges against you. Take action and defend your future interests today by contacting the firm at 713-893-0908.