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 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.
DWI Refusal Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you were arrested for refusing to take a breath or blood test after a DWI arrest, then contact the attorneys at the Law Offices of Richard C. McConathy. Call us today at (469) 304-3422 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.
Was I Required to Submit to Chemical Testing?
Drivers in Texas are subject to the implied consent laws. Under these laws, by driving on 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 In many circumstances, that consent can be withdrawn by refusing to submit to chemical testing.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:
- the refusal to take the test leads to an automatic suspension of your license under an administrative action called the Administrative License Revocation (ALR);
- the refusal can be used against you at trial because the prosecutor can argue it shows your consciousness of guilt.
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 considered one of the most important parts of the DWI case.
Find A Collin County Attorney to Fight DWI Refusal | Law Offices of Richard C. McConathy
If you refused to take a chemical test of your breath or blood in Collin County then contact a criminal defense lawyer with the Law Offices of Richard C. McConathy at (469) 304-3422. Our attorneys fight refusal cases throughout all of Collin County including McKinney, Allen, Plano, Frisco, and Wylie, TX.