When someone is operating their vehicle, they are not allowed to break the legal limit in terms of blood alcohol concentration. For the majority of drivers, that means a legal limit of 0.08%, although underage drivers and commercial drivers often have lower limits. If an officer suspects that someone may be over the limit, they will ask that driver to take a breath test.
At this point, some drivers may decide that they want to refuse the breath test. They can do so, but Texas has implied consent laws. These essentially mean that anyone who operates their vehicle on public roads in Texas has already consented to a breath test during a valid drunk driving stop, so refusing it is a violation of implied consent laws even if it turns out that the person is completely sober.
What are the ramifications?
If a person violates the implied consent laws, then their driver’s license will be suspended for 180 days. If they do not have a license already, the court can issue an order stating that they cannot be issued one for at least 180 days after the violation.
Things can get more serious if the driver has a criminal record. If there are drug-related issues or alcohol-related arrests on their record within the last 10 years, then their license suspension is much longer. Instead of losing their license for 180 days, they will lose it for two years.
Your defense options
While violating implied consent laws does not mean you will necessarily be convicted on drunk driving allegations, it is still a criminal violation in its own right. It is important for you to speak to an experienced Austin DWI attorney to understand all of the legal defense options you have at this time.