Being pulled over after having a few drinks can be an especially precarious situation for drivers. Wondering weather or not they may be arrested and go to jail, lose their license, and carry a criminal record for the rest of their lives may cause panic. In these situations, police may overstate the driver’s physical state in order to secure the reasonable suspicion to ask they take a breath test.
At that moment, drivers have a choice: submit to the breathalyzer test and risk self-incrimination or refuse and face an automatic suspension of their driver’s license. Many times, police will insist drivers must submit to the test, when this not exactly true in all situations. While it is true the potential first time penalty for refusing to take a breath test is greater than failing one, DWI convictions carry automatic jail time and hefty fines.
Penalties for Refusing to Take a Breath Test in Texas
Texas law holds that all drivers are subject to the state’s implied consent laws. These laws make it an infraction to refuse a chemical test (usually a breath test) to determine blood alcohol concentration (BAC) and may result in an automatic revocation of the suspect’s driver’s license.
After being placed under arrest for suspicion of driving while intoxicated DWI, the arresting officer must inform the suspect in writing refusal to submit to a chemical test may result in his or her driver’s license being suspended for a period of 180 days. Upon refusal, police will ask the suspect to sign a statement acknowledging the consequences of refusing to take the test.
The officer will then confiscate the suspect’s driver’s license and furnish them with a temporary driving permit valid for 41 days. DWI suspects have the right to challenge this within 15 days and may regain their license if they are able to prove the arresting officer did not have probable cause to initiate the arrest. If the appeal is lost or none made at all, the 180 suspension will be upheld.
This process is known as Administrative License Revocation (ALR). A hearing date will be set by the Texas Department of Safety within 120 days of the hearing being requested. Suspects have the right to appeal the verdict.
When Do Drivers Have to Submit to Chemical DWI Tests in Texas?
There are some circumstances where DWI suspects in Texas must submit to chemical tests. Drivers with two previous DWI convictions or only one involving a child under 15 years old in the vehicle can be compelled to take a chemical test. DWI accidents resulting in bodily harm also warrant the suspect submit to a chemical test.
Drivers refusing to take breath tests may have their blood drawn in police custody to ascertain their BAC. Whether you cooperate with process or not, police will draw blood and perform the test, one way or another.
Should I Submit to a Breath Test if I Do Not Have To?
It is never a good idea to incriminate one’s self. The US Supreme Court requires police officers to produce a warrant, in almost every case, regardless of the Texas Implied Consent Statute. This means the 4th amendment overrules state statute. Therefore, the best advice is to refuse or “not consent” to a blood test. You should ways insist on a warrant.
Even if a suspect refuses to take a breath test, police may use that refusal and any belligerent behavior to help prosecutors convict them. When stopped by police on suspicion of DWI, suspects should invoke their Fifth Amendment right not to testify against themselves, be courteous to officers, and comply with lawful instructions.
Kingwood, Texas DWI Lawyers
As a Texas Board Certified trial lawyer and over 15 years of experience, Andrew J. Williams has made a career of defending the rights of DWI suspects in Kingwood and Harris county. Andrew J. Williams can help DWI suspects prepare their case for both criminal charges and ALR hearings and appeals.
Give yourself the best chance to win your case and keep your license, contact The Law Office of Andrew J. Williams for a consultation about your case. The Law Office of Andrew J. Williams represents clients in Harris County, Montgomery County, Liberty County, and San Jacinto County.
