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When a person is arrested for a DUI, police will want a chemical sample to help prove intoxication. These samples usually come from either a breath test or a blood test.
Although police officers encourage people to submit to DUI testing and Texas has implied consent laws, refusal of DWI testing in Midland is a person’s constitutional right. If you were accused of driving under the influence, a persistent DUI lawyer could help you understand the charges and the consequences for refusing a breath or blood test.
Implied consent means that when someone gets a driver’s license, they are saying they will submit a sample if arrested for a DWI. It does not mean they have to give one, but there are consequences for refusal of DWI testing in Maryland. For a first-time refusal, then a person’s license will be suspended for 180 days. If they give a sample of breath or blood that is over the legal limit, then that is a 90-day suspension.
If they have had a prior suspension of their driver’s license in the last 10 years, refusing a DUI test results in a two-year suspension with a minimum of a 180-day hard suspension. That means the person could not get an occupational license for the first 180 days. If someone with a prior suspension failed a blood test or breath test, it would be a one-year suspension with 90 days of a hard suspension. The implied consent law applies to both breath and blood tests. The state can request someone give either type of sample, and if they do not, they would be subject to suspensions.
Arguments Against Implied Consent
The issue with implied consent in Texas is there is a specific way that the officer has to request a sample. After someone is arrested for a DUI, the officer has to read what is called the statutory warning. There is a specific form explaining that the person is under arrest for a DWI and giving them all the consequences for giving or refusing to give the voluntary sample.
It is not enough for the officer to just tell a person they are under arrest and ask for a sample. If that happens, then the refusal of DUI testing in Midland does not result in driver’s license suspension because the officer did not properly warn them of the consequences.
DUI School and Alcohol Education Courses
There is no mandatory requirement in Texas that a person who refuses DUI testing has to enroll in a course. If a person is convicted of a DWI and placed on probation, then there will be some requirements that they take certain classes. On a first-time DWI conviction, they would be required to take what we call the AOP or Alcohol Offender Program. That is a 12-hour class designed to show people the bad things that happen when a person drives under the influence.
If they have already taken that class, or this is a conviction for a second or felony DUI, then typically they are required to take the DWI intervention program. This program is a longer class involving multiple courses of counseling.
Reasons for Refusing DUI Testing
There are many people that are scared or nervous about needles. If an officer asks for a blood test, they may prefer a breath test, which is less intrusive. A person does not need a reason to refuse to submit to a breath or blood, however, because they have those rights in the state of Texas.
Reach out to a Midland DUI Attorney for Assistance
Whether you are fighting DUI charges or a license suspension after a refusal of DWI testing in Midland, an experienced attorney could help. A seasoned defense lawyer understands how important it is to keep you on the road and keep your record clean, and they could help fight for your rights. Call today to start building your defense.