Refusal to Submit
When a law enforcement officer in Dallas suspects an individual has been operating a motor vehicle while they are intoxicated on a public road in Dallas, the officer will ask the individual to submit to a chemical test of their blood or breath to determine their alcohol concentration levels or if they have traces of controlled substances in their blood.
Under Texas law, an individual is not required to submit to chemical testing, except under certain circumstances. However, if the individual refuses to submit to testing, their driver’s license will automatically be suspended. Additionally, if a person is dead, unconscious or determined to be incapable of refusal, they will deemed to have not withdrawn consent to a chemical test of their blood or breath under Tex. Transp. Code Ann. § 724.014.
Before the alleged DWI offender is requested to submit to testing, the law enforcement officer is required to give certain information under Texas law about the penalties associated with a chemical testing refusal.
Dallas DWI Test Refusal Lawyer
If you have been charged with charged with a DWI offense after refusing to submit to chemical testing in Dallas, or any of the surrounding areas in Texas, including Garland, Grand Prairie, Irving, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact The Law Offices of Richard C. McConathy.
Attorney Richard McConathy is knowledgeable in all areas of Dallas DWI defense and will make every effort to help you avoid the most serious penalties for your alleged offense. Call The Law Offices of Richard C. McConathy at (972) 233-5700 about your refusal to submit.
Texas’ Implied Consent Law
According to Tex. Transp. Code Ann. § 724.011, if a person has been arrested for any driving while intoxicated offense in Texas, they are considered to have given consent to have their breath or blood chemically tested for the presence of drugs or alcohol.
Required Notice to Drivers in Texas
If a law enforcement officer has pulled an individual over on suspicion of DWI, they are required to give the driver certain disclosures under Tex. Transp. Code Ann. § 724.015. Before a law enforcement officer in Texas requests a blood or breath sample for alcohol concentration testing, they have to inform the driver of the following:
- Any refusal evidence can be used at a trial if the driver is subsequently charged with an offense arising from the same situation;
- If the individual chooses to refuse, they will receive an automatic driver’s license suspension, even if they are not later charged with a DWI offense;
- If the driver is 21 or older and they submit to testing, but have an alcohol concentration level of .08 or higher, their license will automatically be suspended for at least 90 days, even if they are not later prosecuted for a DWI offense;
- If the driver is under the age of 21 and they submit to testing and have any alcohol in their blood or breath, their license will automatically be suspended for at least 60 days;
- If the driver is under the age of 21 and they refuse alcohol concentration testing, their license will automatically be suspended for at least 60 days; and
- If the driver receives an automatic license suspension, they are permitted a hearing within 15 days of receiving notice of the suspension.
Dallas Drivers Can Refuse DWI Testing
According to section 724.013 of the Texas Transportation Code, drivers pulled over on suspicion of driving while intoxicated in Texas are permitted to refuse chemical alcohol and drug testing of their breath or blood, except in certain situations. Even if the driver refuses, a law enforcement officer can chemically test the individual’s blood or breath if:
- As a result of a vehicle or boating accident, someone other than the driver has died, will die or suffered a serious bodily injury;
- The driver had a child passenger in the vehicle; and/or
- The driver has previously been convicted or placed on community supervision of at least one DWI with a child passenger, DWI assault, DWI manslaughter, or any two or more DWI offenses.
However, if the individual does refuse to submit to testing, they can receive an administrative license suspension.
Administrative License Suspension in Dallas
When an individual refuses to submit to chemical testing of their blood or breath for the presence of alcohol or drugs, their license will automatically be suspended for 180 days for a first refusal even if they are not later charged or convicted of a DWI offense.
According to Tex. Transp. Code Ann. § 724.035, a driver will receive an automatic two year suspension if, within the preceding ten years, they have previously refused to submit to testing, were convicted of any DWI offense, or previously failed to pass a blood or breath intoxication test.
Although a driver under the age of 21 is subjected to the same administrative license suspension periods for chemical test refusal as drivers over the of 21, if they agree to submit to chemical testing, and their alcohol concentration level or BAC was under the legal limit of .08, they may receive lighter penalties if they are subsequently convicted of a DWI offense.
Administrative license suspensions are effective 40 days after the driver received notice of the suspension. A driver is usually considered to have received notice if the officer took their license at the time of refusal.
Drivers are permitted to have an administrative license hearing to determine if the suspension was justified under Tex. Transp. Code Ann. § 724.041. They must request the hearing in writing within 15 days of receiving notice of the suspension. The driver’s license suspension is delayed until a decision has been made by the judge at the hearing.
Texas Refusal Penalties for Commercial Drivers
If an individual possesses a commercial driver’s license (CDL) and they refuse to submit to chemical testing of the blood or breath for the presence of drugs or alcohol in either a commercial or regular vehicle, they will be disqualified from operating a commercial vehicle for one year under Tex. Transp. Code § 522.081. Additionally, they will be disqualified from operating a commercial vehicle for 24 hours immediately after a refusal, according to Tex. Transp. Code § 522.101.
The Law Offices of Richard C. McConathy | Fort Worth DUI Alcohol Test Refusal Attorney
Contact The Law Offices of Richard C. McConathy today for a consultation about your refusal for alcohol concentration testing in Dallas County, Texas. Richard McConathy is an experienced Dallas lawyer for DWI testing who will make every effort to help you achieve the best possible outcome for your particular situation.
Contact The Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged DWI offense in Dallas County, Texas and the surrounding counties of Denton County, Collin County, and Tarrant County.