Post Written By Brooke Price
With the holidays fast approaching, it’s important to know your rights if you get pulled over for a DWI or DUI. In Williamson County, holiday weekends are typically “no refusal” weekends. Since Texas is considered to be an “implied consent” state, “no refusal” means that if an officer suspects that you have been drinking, they may ask that you take a breath or blood test.
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 been 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. However, this doesn’t mean that you have to take the breathalyzer or field sobriety test. If you are pulled over on suspicion for a DWI or a DUI, you can still refuse to blow or give blood.
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. The officer will have to get a warrant to take you in for a blood test, and your license may be suspended for 180 days. When you refuse the blood or breath test, your case also becomes complicated. It splits into the DWI or DUI conviction along with defense against the implied consent law.
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. Contac Price & Twine, PLLC so that we can review your case.