If you’re facing DWI charges in Texas, it’s important to understand the state’s implied consent law. This law states that by getting behind the wheel of a vehicle, you are giving your consent to be tested for drugs or alcohol if you are pulled over by law enforcement.
Failure to comply with a sobriety test can result in serious consequences, including the suspension of your driver’s license. A first offense carries license suspension for up to 180 days, while a subsequent offense is punishable by a two-year suspension period.
Here are some key things to keep in mind when it comes to understanding implied consent law in Texas:
1. You have the right to refuse a sobriety test, but there are consequences.
While you technically have the right to refuse a sobriety test, doing so can result in the suspension of your driver’s license. In Texas, refusing a sobriety test can result in a license suspension of up to 180 days for a first offense, and up to two years for subsequent offenses.
2. You can still be charged with DUI even if you refuse a sobriety test.
Even if you refuse a sobriety test, you can still be charged with DWI based on other evidence, such as the officer’s observations of your behavior, the results of a field sobriety test, or the results of a blood or urine test obtained with a warrant.
3. You have the right to an attorney.
If you are arrested for DWI in Texas, you have the right to an attorney. It’s important to contact a criminal defense attorney as soon as possible to discuss your options and protect your rights.
4. You may be eligible for a restricted license.
If your driver’s license is suspended due to a DWI arrest, you may be eligible for a restricted license that allows you to drive to work, school, and other essential activities. Your attorney can help you determine if you are eligible for this type of license.
5. You should take DWI charges seriously.
DWI charges can have serious consequences, including fines, jail time, and the loss of your driver’s license. It’s important to take these charges seriously and to work with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
If you’re facing DWI charges in Texas, contact the James H. Horton Law Firm, P.C. Our experienced criminal defense attorneys can help you understand your options and protect your rights.