All it takes is a police officer's suspicion of drunk driving and you are subject to being arrested and tested. It's called implied consent. Although the state says that you have signed over your right to legally refuse a test without suffering harsh consequences, you still have constitutional rights.
The Texas Department of Motor Vehicles (DMV) wields an incredible amount of power when it comes to deciding whether you can retain your privilege to drive—and it is a privilege, not a right. When the DMV issued your driver's license, you gave implied consent to subject yourself to field sobriety tests, breathalyzer tests, and even blood tests to determine the amount of alcohol in your blood.
At the DWI defense law firm of Crain Lewis Brogdon, LLP, in Dallas, Texas, we provide aggressive representation to help people protect their rights after being charged with DWI. Our lawyers make sure that the police follow the rules when trying to force you to take their DUI tests for blood alcohol content (BAC).
Initiate your defense today—call (214) 301-5007 or schedule a free consultation with our firm today online.
Can You Fight Implied Consent?
Under the rule of implied consent, if you don't abide by police requirements, you generally face the consequences of being guilty. The state has the right to impose penalties on you if you refuse to submit to the various BAC tests, including the initial field sobriety test at the scene of the traffic stop. If you refuse the field test, you must be clearly notified of your rights and the consequences of your refusal.
You will be taken to a police holding station, where you will be expected to take a breath and blood test. Again, you must be fully informed of your rights and the consequences you face for refusing to submit. If you refuse, you will face an extended driver's license suspension, pending an appeal at your ALR hearing. All of this will happen based solely upon a police officer's suspicion that you may have been drinking and driving.
The ALR Hearing
Although they may want you to believe otherwise, Texas cannot suspend your driver's license without a hearing. Implied consent does not mean that you consent to accepting the penalties that are imposed without a strong defense. You have every right and reason to hire an experienced DWI attorney to defend your driving privileges at your ALR hearing.
Saving your driver's license will probably be your immediate concern. You will have only 15 calendar days to schedule an ALR hearing with the Department of Public Safety. Your attorney may be able to attend the hearing in your absence in some cases, speaking on your behalf and using the hearing to build evidence for your eventual criminal trial.
Contact our offices to schedule a free consultation about your DWI charges and how we can help you protect your rights. We will explain possible penalties under the law of implied consent and advise you about what to do next.
Call Crain Lewis Brogdon, LLP anytime, day or night, at (214) 301-5007—or schedule a free consultation online.