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Sobriety Tests And Your Right To Refuse

If you are pulled over on suspicion of drinking and driving, law enforcement can ask you to take a chemical sobriety test. You can refuse, but your refusal can threaten your driving privileges. Stephen H. Miller, Attorney at Law, can help you protect your ability to drive.

Implied Consent

Under the Texas implied consent law, drivers who are lawfully arrested for DWI must submit to chemical testing to test for the presence of alcohol or drugs. The arresting officer can choose which type of test to administer, either a breath or blood test. You can decide not to submit to testing and in most cases, the officer will get a blood search warrant. Declining or failing chemical testing can result in mandatory license suspension. Under the Administrative License Revocation program, your license can be suspended for 90 days to two years. Upon refusal, the arresting officer will take your license and issue you a temporary permit. You can request a license suspension hearing within 15 days of your DWI arrest.

Mandatory Blood Draw Tests

If you do not voluntarily consent to the test, the officer can seek a warrant to draw blood and bring you to a medical facility to have the blood test conducted. Chemical testing is mandatory in certain situations, and you cannot refuse to submit if:

  • You have two prior DWI convictions
  • You have one prior DWI conviction with a child passenger
  • You were involved in an accident and someone died or suffered serious injuries

Helping You Protect Your Right To Refuse

For more than 35 years, attorney Stephen H. Miller has helped drivers in the Dallas-Fort Worth metro fight license suspension and DWI charges after refusing to take a sobriety test. To schedule an appointment at the firm’s offices in Plano or Garland, please call 972-578-7097 or reach out via email.