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If you are like many people, you don’t always look closely at the fine print on paperwork. But if you did, you noticed that when you applied for your Texas driver’s license, you automatically gave your consent to take a breath, blood, or urine test if pulled over on suspicion of driving while intoxicated (DWI). Refusing to take a chemical test violates Austin’s Implied Consent Law. While you are not required by law to take these chemical tests, failure to do so could lead to penalties whether or not you are found guilty of drunk driving.
Chemical Test Refusal
If you are arrested for drunk driving in Austin and refuse to take a chemical test, you could be sentenced to an automatic administrative license suspension. After the date of your arrest, you have 15 days to request a hearing with the Department of Motor Vehicles. If you don’t request a hearing within this timeframe, your license will be suspended on the fortieth day after your DWI arrest.
If this is your first time violating the Austin implied consent law, your license could be suspended for 180 days. For a second offense within 10 years, your license may be suspended for 2 years. Fortunately, you may be eligible for an occupational license that would allow you to drive to and from work, medical appointments, and other court-approved appointments.
Deciding whether or not to take a chemical test is a difficult choice. Refusing to take the test could lead to serious penalties. However, many DWI defense attorneys would advise their clients to avoid taking a chemical test unless they are sure that their blood alcohol content (BAC) is below the legal limit. Without the breath test, the prosecution may have little evidence to use against you, which could help your case. But if you are found guilty of DWI, you face penalties for both that offense and the implied consent offense.
Get Professional DWI Defense For Your Case
If you have recently been charged with a chemical test refusal, you should immediately contact a DWI attorney. Our law firm helps clients in Austin and Travis County who are facing implied consent charges. We can help you during every step of the process, from the administrative license suspension hearing to the criminal case.