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DWI Test Refusal

If the officer has probable cause to believe you are under the influence of alcohol or drugs then the officer can ask you to submit to a blood or breath test. If you refuse, your driver’s license can be automatically suspended for 180 days (or 6 months) in an administrative action.
Refusal DWI cases are often more difficult to prosecute than cases with a high breath or blood alcohol concentration reading. In refusal cases, the prosecutor lacks that objective evidence. Instead, jurors look for obvious signs of intoxication.

Plano Lawyer for DWI Refusal Cases

If you were arrested for refusing to take a breath or blood test after a DWI arrest, then contact the attorneys at Law Offices of Richard C. McConathy. Call us today at (972) 805-8855 to set up a free consultation.

We represent clients who refused a chemical test after a DWI arrest by the Collin County Sheriff’s Office, the Allen Police Department, the Plano Police Department, the Frisco Police Department, or the Wylie Police Department.

Overview of Test Refusal in Collin County

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Was I Required to Submit to Chemical Testing?

Drivers in Texas are subject to the implied consent laws. Under these laws, by driving on the public roads you have implicitly agreed to take a test if it is lawfully requested by a law enforcement officer. In many circumstances, that consent can be withdrawn by refusing to submit to chemical testing.
If you refuse to take the chemical test, then several consequences can occur:

  1. the refusal to take the test leads to an automatic suspension of your license under an administrative action called the Administrative License Revocation (ALR);
  2. the refusal can be used against you at trial because the prosecutor can argue it shows your consciousness of guilt.

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The Administrative License Revocation (ALR)

If you refuse to take a chemical test, then the arresting officer can confiscate your driver’s license and issue you a temporary driving permit. After the arrest, you have 15 days to request a hearing.

The fifteen-day deadline is strictly enforced. If you fail to request a hearing within the allotted time, then you are deemed to have waived any right to contest the administrative suspension.

If you do not request a hearing then the administrative suspension begins 40 days after the arrest. Your driver’s license is not automatically reinstated at the end of the suspension period. Instead, you must pay a $125 fee in order to get your driver’s license reinstated.

The hearing takes place at the State Office of Administrative Hearings. ALR Hearing Request Form is used to request the hearing. It takes approximately 4 months to receive the notice of hearing. The ALR hearing is often consider one of the most important parts of the DWI case.

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Attorneys for a DWI Refusal in Collin County

If you refused to take a chemical test of your breath or blood in Collin County then contact a criminal defense lawyer with Law Offices of Richard C. McConathy at (972) 805-8855. Our attorneys fight refusal cases throughout all of Collin County including McKinney, Allen, Plano, Frisco and Wylie, TX.

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5700 Granite Pkwy #200 Plano, TX 75024
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5068 W Plano Pkwy #300 Plano, TX 75093
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Allen, TX
1333 W McDermott Dr #200 Allen, TX 75013
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Dallas, TX
15110 Dallas Pkwy #400 Dallas, TX 75248
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Primary office location in Dallas, TX
DWI Case Results
  • DWI Blood Test Case + Prescription Meds Dismissed (Cr200606211)
  • DWI Breath Test Case, Result Of .224 Dismissed (Mb0453171)
  • DWI Breath Test Refusal Not Guilty (005-84171-05, Ccl6)
  • DWI Breath Test Refusal Dismissed (1158539)
  • DWI, Open Container Dismissed (Mb0534487)
  • DWI, Accident + Open Container Not Guilty (M0524353)
  • DWI Dismissed, Refiled As Obstruction (M0460867)
  • 2nd DWI, Breath Test Refusal Dismissed (Mb-0262214-G Ccc6)
  • 3rd DWI Breath Test Refusal Dismissed (0913260d Cdc3)
  • Intoxication Assault, Breath Test Case, Result of .17 Dismissed (F09-52586)
  • DWI, Accident Not Guilty (M0538149)
  • DWI, Evading Police Not Guilty (M0640450)
  • DWI, Passed Out At The Wheel Not Guilty (Cr200707935)
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Client Testimonials

I was charged with DWI in Collin County, Texas. I heard that this is a tough place to get a DWI charge defeated. Fortunately, I hired Richard McConathy and Brian Bolton. They took it all the way and won my case. I owe these guys alot. Don't mess with any lawyer that can't compare with these guys. Thank you Richard and Brian.

William H. Collin County DWI
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Texas Criminal Defense Lawyers Association
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