Implied Consent Law
When it comes to a drunk driving offense, known as driving while intoxicated or DWI in Texas, many people are aware that law enforcement relies on chemical test to prove the presence of drugs or an unsafe level of alcohol in the system. However, few people are aware that by just driving on the roads of the state with an implied consent law, you have already given your consent to these DWI chemical tests.
Your implied consent doesn’t mean you have to submit, and it is best not to, but refusing to submit comes with its own consequences. A qualified DWI defense lawyer in Williamson County can fight both your DWI case and the separate DWI implied consent chemical test refusal in Georgetown or the surrounding areas.
Georgetown DWI Defense Lawyer for Implied Consent Law
When you refuse DWI chemical testing of your blood or breath in Texas, your DWI case splits into two parts: defense against DWI conviction and defense against the implied consent rule. If you have been arrested for DWI and refused BAC testing anywhere in Williamson County, including Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, contact Price & Twine, PLLC to build a comprehensive, customized defense against all aspects of your DWI case.
Michael J. Price is a skilled and knowledgeable DUI defense attorney who has over a decade of legal experience serving clients like you. To find out what Price & Twine, PLLC can do for your Williamson County area DWI case, call (512) 354-1880 today and schedule your free initial case consultation.
Williamson County DWI and Texas Implied Consent Law
Generally, the concept of implied consent in states that have adopted it as a part of their drunk driving laws is that by driving on the roads of the state you have given your consent to testing for driving under the influence (DUI). In Texas, the implied consent law is much more specific.
According to Tex. Transp. Code Ann. § 724.011, if a person is arrested for driving while intoxicated (DWI) or a related offense, such as boating while intoxicated (BWI), that person is then considered to have given their consent to one or more blood or breath tests to determine his or her blood or breath alcohol content (BAC) or if drugs are present in the person’s body.
The fact that you never state your actual consent is why this type of automatic consent is considered implied consent for DWI testing. Despite implied consent being specified as allowed by statute, you still have a right to refuse outright any DWI chemical testing according to Tex. Transp. Code Ann. § 724.013.
Only in very specific circumstances outlined in Tex. Transp. Code Ann. § 724.012, such as cases of vehicular assault or vehicular manslaughter, are you absolutely required to submit to a DWI chemical test. It is always best not to submit to any DWI testing. However, an experienced Georgetown DWI defense lawyer can fight your DWI test evidence and case whether or not you refused to test.
Texas Implied Consent Law and Georgetown Administrative License Suspension
Refusing to abide by Texas implied consent law for DWI chemical testing has two main consequences. Both can be fought against by an experienced Williamson County DWI defense lawyer. The first is that your refusal to submit to DWI chemical testing can be used against you as evidence of guilt in court. The second is an administrative license suspension as mandated by Tex. Transp. Code Ann. § 724.035.
Pursuant to this law, with a first refusal to submit to a DWI chemical test a person faces an administrative Texas driver’s license suspension for 180 days or about six months. If that person has a commercial driver’s license (CDL), they also face a one-year suspension of their commercial driving privileges. For any refusal to submit to a DWI chemical test that occurs within 10 years of a previous refusal, a failed BAC chemical test, or a DWI conviction, the driver’s license suspension is increased to two years.
This administrative suspension is a civil penalty that is separate from any criminal DWI penalties. This means that if you refuse to comply with implied consent in Texas, you will receive the suspension even if you are not convicted of DWI. If you are convicted of DWI, the suspension will be in addition to any other criminal penalties you receive for your Williamson County area DWI.
You do have a right to a hearing regarding your Texas driver’s license suspension under implied consent law. So. refuse any chemical test when possible and contact a qualified Georgetown DWI attorney as soon as possible after your arrest to begin your defense in both your DWI case and your Williamson County administrative license suspension hearing.
Price & Twine, PLLC | DWI Defense Attorney for Implied Consent in Williamson County
If you have been arrested and charged with DWI in Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto, or the surrounding areas in Williamson County and are facing a violation of Texas’ implied consent law, contact Price & Twine, PLLC to begin your DWI defense immediately.
Michael J. Price is an experienced Georgetown criminal defense lawyer who will fight to protect your driving privileges from implied consent refusal, as well as your rights and your future from DWI conviction. Your first consultation is free, so call (512) 354-1880 today and schedule yours.