Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

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If you or a member of your family have been pulled over due to suspicion of driving while under the influence DWI), it is important to know your legal rights. Texas’ DWI laws are intricate and continue to develop. When a law enforcement officer asks you to submit to a roadside breathalyzer test or field sobriety test, you might not know if you are required by law to do so. Here are the facts you should understand concerning your legal rights and whether you can refuse a breathalyzer test in Texas.

The Implied Consent Laws in Texas

Until November 28, 2014, Texas had implied consent laws in place. Under these traffic laws, an individual who has been pulled over for suspicion of driving while intoxicated was obligated to provide a breath sample or blood chemical test if asked to do so. According to those laws, if a driver refused to submit to chemical testing would be forced to comply. However, the Supreme Court ruled on this issue and stated that it is unconstitutional to take a breath or blood sample from a person without a warrant- unless the driver has provided consent. 

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Although the Supreme Court decided that warrants may be required to take a person’s blood, urine, or blood does not preclude legal consequences for refusing to submit to a urine, blood, or breath test. While drivers in Texas may refuse to submit to chemical testing, there are stiff legal repercussions for refusals, including:

  • 180-day driver’s license suspension for a first-time refusal.
  • Two-year driver’s license suspension for a second-time refusal.
  • Two-year driver’s license suspension for a third or subsequent chemical test refusal.

When deciding to refuse a chemical test, one thing to consider is that it may be more difficult for the prosecutor to convict you of a DWI since there will be no breath or blood alcohol content evidence. If you are arrested for DWI, contact our firm at (903) 753-7499 for your free consultation and legal advice. 

Can I avoid a driver’s license suspension?

When a driver refuses to submit to a chemical test and/or field sobriety tests, it’s probable that your driver’s license will be automatically suspended. However, there is a 15-day window in which you may request an administrative hearing to prevent your driver’s license from being suspended. Failure to request a driver’s license hearing within the 15-day period will cause your right to a hearing to be forfeited. You may request the hearing even if you submitted to a breathalyzer and failed. It is important that you retain an attorney as soon as possible and you and your DWI attorney prepare for the driver’s license hearing. 

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Texas’ Implied Consent Laws and Refusing Breathalyzer Tests

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If you or a member of your family have been pulled over due to suspicion of driving while under the influence DWI), it is important to know your legal rights. Texas’ DWI laws are intricate and continue to develop. When a law enforcement officer asks you to submit to a roadside breathalyzer test or field sobriety test, you might not know if you are required by law to do so. Here are the facts you should understand concerning your legal rights and whether you can refuse a breathalyzer test in Texas.

The Implied Consent Laws in Texas

Until November 28, 2014, Texas had implied consent laws in place. Under these traffic laws, an individual who has been pulled over for suspicion of driving while intoxicated was obligated to provide a breath sample or blood chemical test if asked to do so. According to those laws, if a driver refused to submit to chemical testing would be forced to comply. However, the Supreme Court ruled on this issue and stated that it is unconstitutional to take a breath or blood sample from a person without a warrant- unless the driver has provided consent. 

What Are the Penalties in Texas for Refusing to Submit to a Breathalyzer, Urine, or Blood Test?

Although the Supreme Court decided that warrants may be required to take a person’s blood, urine, or blood does not preclude legal consequences for refusing to submit to a urine, blood, or breath test. While drivers in Texas may refuse to submit to chemical testing, there are stiff legal repercussions for refusals, including:

  • 180-day driver’s license suspension for a first-time refusal.
  • Two-year driver’s license suspension for a second-time refusal.
  • Two-year driver’s license suspension for a third or subsequent chemical test refusal.

When deciding to refuse a chemical test, one thing to consider is that it may be more difficult for the prosecutor to convict you of a DWI since there will be no breath or blood alcohol content evidence. If you are arrested for DWI, contact our firm at (903) 753-7499 for your free consultation and legal advice. 

Can I avoid a driver’s license suspension?

When a driver refuses to submit to a chemical test and/or field sobriety tests, it’s probable that your driver’s license will be automatically suspended. However, there is a 15-day window in which you may request an administrative hearing to prevent your driver’s license from being suspended. Failure to request a driver’s license hearing within the 15-day period will cause your right to a hearing to be forfeited. You may request the hearing even if you submitted to a breathalyzer and failed. It is important that you retain an attorney as soon as possible and you and your DWI attorney prepare for the driver’s license hearing. 

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Texas Field Sobriety Test Laws

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Texas is tough on driving while under the influence of drugs and/or alcohol. Every year Texas law enforcement officers arrest nearly 100,000 drivers for DWI. About 70% of those arrests result in convictions. When a driver is pulled over for suspicion of driving while intoxicated, the police officer will examine the driver for signs of impairment. Those signs include an odor of alcohol emanating from the driver, red eyes, slurred speech, delayed reactions, or fumbling.

Should a law enforcement officer assume that a driver is driving while intoxicated, the police officer will typically ask the driver to submit to field sobriety tests. The National Highway Traffic Safety Administration states that three tests comprise the Standardized Field Sobriety Test. Those testing include:

  • the One-leg Stand Field Sobriety Test;
  • the Horizontal Gaze Nystagmus Field Sobriety Test; and 
  • the Walk-and-turn Field Sobriety Test.

Can a Driver Refuse to Take a Field Sobriety Test in Texas?

A law office enforcement might decide to administer field sobriety tests to affirm their belief that the driver is driving while under the influence. The accuracy of confirming intoxication increases when several tests are utilized. It is important to understand that you can refuse to perform field sobriety tests in the state of Texas. In Texas, there are no penalties for refusing to submit to field sobriety tests. However, the police officer may use this refusal to have probable cause to arrest the driver. A jury may also assume that the driver’s refusal is evidence that they were intoxicated.

Also, in lieu of field sobriety testing, the law enforcement officer might ask the driver to provide a specimen of breath or blood to ascertain the driver’s level of intoxication. A driver may refuse chemical testing in the state of Texas, but a driver who refuses to provide a breath or blood test after an arrest for DWI could lose their driver’s license from 90 days (first refusal) to 2 years (all subsequent refuses).

If you or a family member have refused or failed a field sobriety test, and have been arrested and charged with a DWI, contact our experienced DWI attorney to protect your legal rights.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499