In an effort to discourage people from drinking and driving, the Texas Transportation Code has what is known as the implied consent law. What this means is that by accepting a drivers license in this state, motorists have automatically agreed to chemical testing if they are lawfully stopped and the officer has just cause to believe they are intoxicated. As a result, there are strict penalties associated with the refusal of one of these tests.
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The implied consent DWI rule does not just include automobiles, as boaters can be stopped and asked to submit to testing as well. In addition, police are able to set up “no refusal” checkpoints under certain conditions, which means that any motorist passing through these checkpoints will be automatically tested. In cases such as these, judges are normally on hand to sign warrants so that blood can be taken forcibly from an individual if he or she does not wish to cooperate.
Upon rejecting a required blood alcohol test, a person’s driving privileges will automatically be suspended for a period of 180 days. After failing a blood or breath exam, an individual’s license is only suspended for 90 days. A defendant must request an Administrative License Revocation (ALR) hearing within 15 days in order to challenge the suspension of their license. Otherwise, it will be automatic.
Ignoring a law enforcement officer’s request for chemical testing won’t automatically result in a guilty verdict on criminal charges, although it can complicate matters a bit. Without the results from a breath or blood test, it can be challenging for prosecutors to prove intoxication.
Schedule a no-obligation meeting with Brett Podolsky at 713-227-0087 to learn how the implicit consent law relates to your drunk driving case.