The Texas Transportation Code Annotated 724.011 contains Texas' implied
consent law. All states now have some version of the implied consent law,
which requires all registered motorists to comply with any law enforcement
request for a blood alcohol content (BAC) test. These tests are commonly
breathalyzer tests, but sometimes can be blood tests, as well.
The purpose of implied consent is to give law enforcement the ability to
confirm that they are dealing with a drunk driver. Because law requires
compliance with these tests, refusing to take one can, unfortunately,
result in administrative penalties.
Penalties for refusing a BAC test in Texas include:
First offense - 180 license suspension
Second offense - 2 year license suspension
Third offense - 2 year license suspension
Keep in mind: these penalties are in addition to any criminal or administrative
consequences you incur due to a
DWI charge. For more information about implied consent penalties, call our office today.
"What happens if I refuse?"
If you refuse to take a BAC test (after the officer has properly communicated
to you that you will be penalized for refusing), the officer will take
your license and provide you with a temporary, 41-day driving permit.
Just like any other DWI arrest, you will then have 15 days to request
a hearing to challenge the arrest and any administrative penalties from the DMV.
To defend against any implied consent penalties, it will be key to establish
that the officer did not have the probable cause to pull you over in the
first place. You cannot argue that you shouldn't have had to take
the test—it is the law that all drivers must when asked. However,
with a proven and knowledgeable Houston DWI defense attorney by your side,
it can be possible to argue for a dismissed or reduced penalty at your
Have you been charged with a DWI or a DWI-related offense? If so,
The Law Office of Jason Luong, PLLC wants to hear from you. Attorney Jason Luong is an award-winning former
prosecutor who has more than 15 years of trial experience. He knows that
it takes to protect our license in an administrative hearing and how to
thoroughly counter the state's case against you for your DWI charge.
Get experienced counsel by your side during this uncertain time.
Contact us at 713.489.2009 today.