Refuse the BAC Test? Here’s What to Expect
Under Texas’s implied consent law, all Texas drivers arrested for a DWI must submit to a BAC (blood alcohol content) test. To give you some much-needed guidance on this little-understood area of DWI law, here’s what to expect if you refuse a BAC test.
The Police Should Inform You
First, you should expect the arresting officer to inform you of the consequences of test refusal. Officers must warn you of what will happen if you refuse before accepting an official test. If the arresting officer did not inform you of the consequences, you should reach out to a Texas DWI defense attorney right away. Your refusal might not have the same implications if your arresting officer did not inform you of your rights and responsibilities pertaining to BAC tests.
What Are the Consequences?
If you refuse after being informed of the consequences, Texas Department of Public Safety will administratively move to suspend your license for 180-days. This is the consequence for a first refusal. If you have an alcohol or drug-related contact within the previous ten years, you will face an automatic two-year license suspension. These administrative suspensions are separate from any court-imposed suspension that may result from a criminal conviction. However, a judge may give credit for these suspensions if you are later convicted in the criminal proceeding for the DWI.
How to Fight a License Suspension for a Refusal
These administrative license suspensions for a BAC refusal go into effect automatically if you do not request an ALR hearing within 15 days. Always request a hearing! This is your one chance to fight your license suspension. If you refuse a BAC test in Texas, do not give up hope yet. Consult with an experienced Dallas-Fort Worth DWI defense attorney immediately after your arrest. An attorney can jump into action and request a hearing date at which you can contest your suspension. You only have a limited number of days after your arrest in which to request a hearing, so call an attorney right away.
If you’re facing charges for DWI/DUI in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email email@example.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.