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Understanding Implied Consent in Texas

by | Jul 12, 2016 | DWI

Under the state’s “implied consent” law, if you are arrested by an officer who suspects that you have been driving while intoxicated, you automatically consent to taking a chemical test of your blood or breath to determine your BAC. The law states you must undergo the test as soon as possible from when you were last operating a vehicle, and the officer will decide which test you will be taking.

What happens if I refuse the test?

If you refuse to take the BAC test after an arrest, you will be notified that the evidence of your refusal can be used against you in court and you’ll be asked to sign a statement that says you’re aware of the consequences of your refusal. Typically, the authorities cannot force you take the test if you refuse, unless your arrest was in relation to an accident where another individual was seriously injured or killed.

Should I refuse to take a mandatory DWI test?

Refusing to take a mandatory blood or breath test after an arrest doesn’t always help your case – you may be tempted to refuse in an effort to avoid a conviction, but a prosecutor can use your refusal to argue that you refused the test because you knew you were intoxicated. It’s important to note, however, that if the officer has not arrested you and wishes to perform a field sobriety test, you should always refuse. These tests are designed to prove guilt, not innocence. Unless you’re arrested and detained, you have the right to refuse these types of tests.

If you’ve been arrested for a DWI, you should not hesitate to contact our Dallas DWI defense attorney. An arrest is not a conviction and there is still plenty of hope to build the defense you need with Attorney Peter Barrett on your side. We proudly represent clients in Dallas and surrounding areas.

Put 25 years of experience on your side and call (214) 307-8667 or fill out or brief online form to request a free consultation.