Chapter 724 of the Texas Transportation Code is dedicated to the concept of implied consent. This is a type of law used across the United States in which a person essentially agrees to submit to any chemical testing as a condition of being issued a driver’s license.
Despite these laws, it is important for people to understand that they still have the right to refuse to submit to any chemical testing. However, during certain “no refusal” weekends in Texas, law enforcement may obtain a warrant that allows them to collect a specimen without consent. Furthermore, any refusal will automatically trigger a suspension of that person’s driving privileges.
Were you arrested for DWI in Denton County after refusing to submit to chemical testing? You should immediately contact an experienced criminal defense attorney, as you will only have 15 days to request an administrative license suspension hearing to get your driver’s license back.
Law Offices of Richard C. McConathy aggressively clients in the greater Lewisville area against DWI charges, and our firm also serves many nearby areas such as Denton, The Colony, and Westlake. We also served the surrounding counties of Parker County, Wise County and Cooke County. Let us review your case and help you understand all of your legal options by calling 940-222-8004 to schedule a free, confidential consultation.
Under Texas Transportation Code § 724.011, an alleged offender is deemed to have consented to submit to the taking of one or more specimens of his or her breath or blood for analysis to determine the alcohol concentration or the presence in his or her body of a controlled substance, dangerous drug, or other substance if he or she has been arrested for an offense relating to driving while intoxicated (DWI). If a peace officer arrests an alleged offender for DWI and the alleged offender refuses to submit to voluntarily submit the taking of a specimen, the officer can require the taking of a specimen of breath or blood under any of the following circumstances:
Texas Transportation Code § 724.015 states that law enforcement is required to inform an alleged offender orally and in writing of the following:
If an alleged offender refuses to submit to testing, then Texas Transportation Code § 724.013 prohibits a specimen from being taken by a peace officer. When an alleged offender refuses, Texas Transportation Code § 724.031 states that the peace officer shall request the alleged offender sign a statement indicating the following:
Certain specified parties may be authorized to collect specimens from people who are otherwise incapable of refusal. An alleged offender who is dead, unconscious, or otherwise incapable of refusal may be considered as not having withdrawn their informed consent.
If an alleged offender refuses to submit to a chemical test, then the Texas Department of Public Safety (DPS) under Texas Transportation Code § 724.035 will suspend the alleged offender's driver’s license for 180 days or issue an order denying the issuance of a license to the alleged offender for 180 days if the person is a resident without a license. If the alleged offender's driving record shows one or more alcohol-related or drug-related offenses in the preceding 10 years, then the period of suspension or denial is two years. This suspension or denial takes effect on the 40th day after the date on which the person receives notice of suspension or denial or is considered to have received notice of suspension or denial.
The State Office of Administrative Hearings will hold a hearing if it receives a request for a hearing within 15 days of the alleged offender receiving notice of the suspension or denial. Texas Transportation Code § 724.048 states that the determination of the department or administrative law judge is a civil matter independent of criminal charges that does not preclude litigation of the same or similar facts in a criminal prosecution.
Under Texas Transportation Code § 522.081(b)(3), an alleged offender who possesses a commercial driver’s license (CDL) will be disqualified from driving a commercial motor vehicle for one year if he or she refuses to submit to chemical testing after allegedly operating any motor vehicle, including a commercial motor vehicle, while under the influence of drugs or alcohol. Furthermore, Texas Transportation Code § 522.101 states that any person who refuses to submit to an alcohol test will be placed out of service for 24 hours and unable to operate a commercial vehicle.
If you were arrested for DWI in Denton County after refusing to submit to a breath, blood, or urine test, you will want the help of a skilled criminal defense attorney as soon as possible. Richard C. McConathy and Brian A. Bolton have a 91 percent success rate since 2002 on cases announced ready for trial.
Law Offices of Richard C. McConathy helps Lewisville residents as well as surrounding communities like Little Elm, Grapevine, Argyle, Highland Village and Flower Mound. Let our firm provide a complete evaluation of your case during a free consultation by calling 940-222-8004 today.