In Texas, if you are arrested for driving while intoxicated (DWI), it is likely that an officer will administer a breath or blood test. Refusal to take this test can result in immediate consequences such as the suspension of your license. If you are in this position, it is vital to act quickly as you may have only 15 days in which to challenge your suspension. At the Law Offices of Kyle K. Shaw, PLLC, we know just how overwhelming this process can seem. However, you do not have to go up against the criminal justice system alone. Our lead Allen DWI Attorney can bring more than 18 years of experience to your defense.
Schedule your free consultation and get started on a hard-hitting defense today.
Texans who possess a driver’s license are obligated to follow “implied consent” laws, which state that by driving, you give your consent to submit to a breath or blood test if arrested for DWI. For a first offense, the refusal to take these tests can result in the administrative suspension of your license for 180 days. A second or subsequent offense may result in a license suspension for two years. However, a driver may not refuse a test if the offense led to serious injury or the defendant has two prior convictions for drunk driving.
Furthermore, refusing to take a blood or breath test does not preclude the possibility that you may also be charged with DWI. A court may still find you guilty of DWI even without a test result showing your blood alcohol content (BAC) to be above the legal limit. In fact, a prosecutor may use the act of refusing a test against you in court, arguing that your refusal is a sign of guilt. While the penalties for DWI can be severe, we can utilize our knowledge of the law to create a defense tailored to your situation.
If you are facing the consequences for refusing a breath/blood test, the Law Offices of Kyle K. Shaw can fight tirelessly to uphold your rights and defend your freedom. Our Collin County criminal defense attorney can help you through every step of your defense, from contesting a license suspension to fighting DWI/DUI charges. While the police may lead you to believe that the case against you is as good as closed, with the proper defense, it is possible to overcome the most serious charges.
Call (214) 761-3361 or contact us online to speak to an attorney about your options.