Whether you’ve chosen not to take a breathalyzer test here in East Texas or you’re simply wondering what your rights are, you’re not alone in wondering about what happens and how to defend yourself. Refusing this test does trigger some penalties and consequences, and fighting back is not easy. Working with a DWI defense lawyer early in the process is the best way to protect your rights and your driver’s license.
Texas Implied Consent Law
Texas has an “implied consent” law. The essence of the law is that, by choosing to drive on public roads, you agree to a chemical test if an officer suspects you’re intoxicated. If you refuse a breathalyzer test when you’ve been lawfully pulled over, your driver’s license gets suspended automatically for 180 days on a first offense or up to two years if you’ve refused before or have prior convictions.
The officer takes your license on the spot and gives you a temporary permit, and you then have just 15 days from the arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. If you don’t request that hearing (or don’t attend it), you’ll automatically have your license revoked for the 180 (or more) days.
Defending Yourself
It’s important to know that your driver’s license hearing is an entirely different thing from your criminal DWI case. It’s a civil procedure, and even if you’re found not guilty of a DWI or the charges are dropped, you can still lose this hearing, and your driving privileges, for having refused the test. At the hearing, your lawyer can challenge the grounds for the stop, the arrest, or whether the officer followed proper procedures in giving you the test. If you’re successful at this hearing, you may be able to keep your license, have the suspension period shortened, or get a provisional license that will at least allow you to drive to work and other required locations for the time your license is suspended.
Challenges a DWI Defense Lawyer Can Bring
Law enforcement must have had reasonable suspicion to pull you over initially. They must be able to explain exactly what those suspicions were, and if your lawyer can show this suspicion was weak or even entirely fabricated, the request for a breath test could be invalidated. It’s also important how the officer handled the implied consent warning. Texas requires that officers read you a specific form that explains all the consequences if you refuse the test. If they skip this reading, mumble through it, or don’t make sure that you understand it, this could be a defense. So could other procedural errors, such as mistakes in documents or reports.
Sometimes a medical issue can be used in your defense, and, on some rare occasions, the courts may even consider it a defense if you can show that the circumstances of the stop made you highly anxious or confused, to the point that you involuntarily refused.
If you’re dealing with this situation, reach out to Ryan R. Hill, Attorney at Law for a free consultation to discuss your options.
