In the Lone Star State, it is unlawful to drive a motor vehicle with a blood alcohol concentration above 0.08%. If your BAC is over the legal limit, impaired driving may give officers reasonable suspicion to stop your vehicle. Then, an officer may request that you breathe into a testing device or provide a urine or blood sample for chemical testing.
What you do at a stop for driving while intoxicated may make a difference in your future. Still, because of Texas’s implied consent law, you may face consequences for refusing to submit to chemical testing to determine your BAC.
What is the implied consent law?
You do not have to drive on public roads in Texas. If you choose to do so, though, you automatically consent to chemical testing of your breath, urine or blood. On the other hand, if you do not want officers to test these, you can simply not drive in the Lone Star State.
What are the consequences of refusing a test?
Taking a test to determine your BAC may lead both to your immediate arrest and to subsequent DWI charges. If you refuse chemical testing, prosecutors may not have enough evidence to secure a conviction. Nevertheless, you may incur the following penalties:
- A 180-day driver’s license suspension for your first refusal
- A two-year driver’s license suspension for your second refusal
- An additional two-year driver’s license suspension for your third refusal
Losing your driving privileges may affect your career, educational goals, family life and even hobbies. Ultimately, though, losing your driver’s license may be a more acceptable alternative to a DWI conviction.