What is the DWI Implied Consent Law in Texas?

Texas, like a lot of states across the country, has an implied consent law when it comes to DWIs. This means that when you decide to take the wheel and drive on Texas roads, you are subject to certain laws, regulations, and presumptions.

One of those presumptions deals with how Texas law enforcement deals with DWI investigations. When a driver is pulled over and arrested on suspicion of DWI, the law decrees that the suspect has implicitly consented to having his or her blood or breath tested to show whether he or she was driving under the influence of alcohol, drugs, or another substance that impairs driving ability. This does not mean that you have to submit to a test, but there are penalties for refusing.

Refusing to Comply with Implied Consent Law

Refusing to allow the police to draw your blood or take a breath test can result in complications and penalties. Depending on your DWI history in Texas and other states, you could be facing having your license suspended for up two years. The breakdown of license suspension goes as follows:

  • First time offense results in a suspension of 180 days
  • Second time offense within 10 years results in a suspension of your license for at least two years

The law directs a police officer to immediately take away the license of anyone who refuses the test, and submit the license and reports about the refusal to the Texas Department of Transportation.

Administrative Hearing on License Suspension

As you can see, refusing to submit to Texas’s implied consent law can result in a severe penalty. And in today’s mobile society we use our cars for nearly everything. To get groceries, go to work, take the kids to school, and etc. Even if you have had your license taken away, you can appeal the decision.

The law allows you to go to a hearing where the state of your license will be decided by an administrative law judge. He or she will hear the facts about what happened and make a determination based on the facts of the case and law at hand on whether you can retain your license, and in what capacity. This point of any DWI case is crucial because of how important your ability to drive is for work, school, family, and other reasons.

Thankfully, you are allowed to have your attorney with you at the hearing to determine whether you will be able to keep your license. Having your attorney there is one of the best decisions you can make because it will give you the best chance at having the law and facts put forward in a convincing, forceful way on your behalf.

At The Wilder DWI Defense Firm we represent DWI defendants in every stage of the case. We are prepared and ready to defend you at your license suspension hearing, in front of prosecutors, and if needed, at trial. We are experienced and knowledgeable in all areas of DWI defense, and we look forward to defending your case. Contact us so we can defend you.

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