DUI Test Refusal
When you first receive your driver’s license in the state of Texas, you have technically “consented” to submit to a blood or breath test if one is ever requested by a law enforcement officer. This request will usually come after being pulled over for a suspected driving while intoxicated (DWI, also commonly referred to as driving under the influence or DUI) offense. Although there was implied consent, you do still have the right to refuse a chemical test if you feel as though it would be in your best interest to do so.
Even with this being the case, an individual will have to deal with the potential for additional sanctions or penalties as a result of the refusal. This includes, among others, an administrative license suspension that will be in effect even if you were not convicted of a DWI.
Considering that nearly half of all DWI suspects refuse the test, this is a situation that can be handled and resolved in a relatively simple fashion, if you have a qualified criminal defense attorney at your side representing you.
Georgetown DUI Test Refusal Attorney
People refuse to submit to a DUI chemical test for many reasons. The driver may do so because they believe the traffic stop and arrest are unjustified, that the driver wants to speak with an attorney before taking any test, that the driver believes that the test will be inaccurate or unreliable, or for health or privacy reasons. If you do happen to refuse a blood or breath test, you still do have rights. Refusal does not indicate guilt and a knowledgeable criminal defense attorney can help you make this case effectively.
Michael J. Price is an experienced DUI defense attorney with a great deal of knowledge and insight concerning drunk driving and DWI test refusal laws. His focus is on pursuing your best interests and not the simplest solution.
To schedule a free consultation to go over the details of your case, call (512) 354-1880 or send an online message today. In addition to helping individuals from Georgetown, Price Magee & Twine, PLLC represents those dealing with criminal allegations throughout Round Rock, Cedar Park, Leander, Taylor, Killeen, Temple and Harker Heights, among others.
Penalties for a DUI Test Refusal in Texas
Texas driving while intoxicated laws provide for severe penalties when a driver refuses to submit to a chemical test. If the driver refuses to take a blood or breathalyzer test after being arrested for DWI, they could face the following penalties:
- Suspension of the driver’s privilege to drive in the State of Texas for 180 days for the first arrest for DWI;
- Suspension of the driver’s privilege to drive in the State of Texas for two years for a subsequent arrest within ten years if, in the first arrest the driver refused to submit to a chemical test; and
- The prosecutor may be able to admit into evidence the fact that you refused to take the breath test during a jury or bench trial in order to show evidence that the driver refused because he believed he was too intoxicated for the results to be under the legal limit.
Administrative Drivers License Suspension Hearing
If you have refused a chemical test, your license will be suspended. Fortunately, you have the right to contest the administrative suspension of your license during an administrative license suspension hearing (not criminal). At the hearing, your attorney will defend you on the following issues:
- If probable cause or reasonable suspicion, in fact, existed to stop your vehicle or otherwise detain you during the investigation;
- Whether probable cause existed to make the law enforcement officer believe you operated a motor vehicle in a public place while under the influence;
- Whether the arresting officer properly requested to submit to chemical testing after being arrested for DWI; and;
- Whether you actually refused the chemical test of your breath or blood upon a proper request of the officer.
Price Magee & Twine, PLLC | Williamson County Refusal to Submit Lawyer
If you or a loved one has been pulled over for an alleged DWI in Texas and subsequently arrested for refusing a chemical test, then it is important that you consult with a Georgetown criminal defense attorney to figure out what your options are. An attorney can make what seems to be a difficult and complex situation much simpler by guiding your through the entire administrative and criminal process so you can overcome the allegations.
Michael J. Price is an experienced attorney committed criminal defense attorneys who will use their extensive legal knowledge in conjunction with dedication to providing excellent client service to make certain you are well taken care of.
Call Price Magee & Twine, PLLC at (512) 354-1880 or schedule a free and confidential consultation to go over the details of your case. Michael J. Price proudly represents individuals accused of criminal acts throughout Williamson County and Bell County.