McKinney DWI Lawyers for Breath or Blood Test Refusal

Attorneys Addressing Penalties for Test Refusal in DWI Cases in McKinney, TX

When a person is stopped by a police officer based on suspicions that they are driving while intoxicated, multiple types of tests may be performed to determine whether they may be arrested and charged with DWI. There are rules that apply to different tests, and while some tests can be declined, refusing to take other tests can lead to serious consequences, including the loss of a person's driver's license. Understanding how to respond to requests to take tests can be important in these cases, and the outcomes of different tests may be addressed when defending against DWI charges.

The attorneys at Texas Defense Firm work with clients who have been arrested for DWI in McKinney, Collin County, and other parts of North Texas. We can help our clients understand their rights regarding DWI tests, and we will work to protect their interests as they address DWI charges, driver's license suspensions, and other related concerns. Whether defending against a DWI conviction or taking steps to prevent the loss of a driver's license, we can help minimize the impact that a DWI arrest may have on a person's life.

Roadside Testing Before an Arrest

When an officer suspects that a driver may be intoxicated, they may use a variety of methods to determine whether the driver has been drinking alcohol or using drugs and is impaired to the level where they cannot drive safely. The tests performed during a traffic stop can help an officer establish probable cause, which will allow them to arrest a driver for DWI.

Field sobriety tests are commonly used by officers, and they consist of physical evaluations that are meant to determine whether a person can maintain balance and control over their body while following instructions. An officer may observe a person's eye movements while following an object that is moving from side to side, or they may look at whether a person can maintain balance while standing on one foot or walking in a straight line. An officer may also ask a driver to take a preliminary breath test using a handheld device that will provide an estimate of the level of alcohol in their system.

A driver is not legally required to perform field sobriety tests or submit to a preliminary roadside breath test. There is no penalty for refusing to take these tests. However, an officer may still choose to arrest a driver based on other observations indicating that they are intoxicated, such as erratic driving, the smell of alcohol on a person's clothes, slurred speech, awkward movements, or statements made by the driver.

Mandatory Testing After a DWI Arrest

The rules regarding DWI testing are different after a person has been arrested. The implied consent law that applies to drivers in Texas requires anyone who has been lawfully arrested for DWI to submit to breath or blood testing. A person can still choose to refuse to take a breath or blood test, but they will face penalties for doing so. In these cases, an automatic license suspension will occur through an administrative process that is separate from a criminal DWI case.

Driver's License Penalties for Refusing Post-Arrest Testing

When a person refuses a DWI blood or breath test, the Administrative License Revocation (ALR) process will be followed, and their driver's license will be suspended. A first-time refusal will result in a driver's license suspension lasting for 180 days. If a person had previously refused a breath or blood test or had been convicted of a DWI offense within the past 10 years, a second refusal will result in a two-year license suspension. In contrast, a person who takes and fails a blood or breath test will face a 90-day suspension for a first offense and a one-year suspension for a second offense.

A driver's license suspension handled through the ALR process will apply regardless of whether a person is convicted of DWI. The ALR process is handled separately from a criminal case. After a person receives a suspension notice following a test refusal, they will have only 15 days to request an ALR hearing. Requesting a hearing within this window will provide a person with the opportunity to defend against the license suspension. Our lawyers can provide representation during ALR hearings and address issues related to testing that may affect a criminal DWI case.

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Mandatory Blood Draws in Certain Circumstances

Although a person may refuse chemical testing after being arrested, this may not prevent police officers from obtaining a blood sample. Officers may take steps to obtain a search warrant from a judge, which will allow them to take a blood sample without a person's consent. In cases where a person is being treated in a hospital after an accident, blood may be drawn while they are unconscious after a search warrant is obtained.

How Our Attorneys Can Help Address DWI Testing and License Suspension Issues

Our team can act quickly when a client is facing a license suspension following a DWI arrest. Due to the short 15-day window in which an ALR hearing must be requested, we can make sure there are no delays that may affect a case. We will review the circumstances of a traffic stop and arrest, look at whether a person was informed about the consequences of test refusal, and determine whether the proper procedures were followed after a person was arrested. We will determine whether a license suspension can be challenged and what steps may be taken to help a person regain their driving privileges.

We will also closely review all evidence gathered during a DWI traffic stop or after an arrest. We can look at how field sobriety tests were performed, whether a warrant was obtained before taking a blood sample, and whether the results of breath or blood tests may be challenged. We will identify all of the potential options for defense and help a client develop an effective strategy for avoiding a DWI conviction.

Contact Our McKinney, Texas DWI Test Refusal Attorneys

Taking the right steps after a DWI traffic stop or arrest can help ensure that a person will be able to defend against intoxicated driving charges successfully. The attorneys at Texas Defense Firm can provide guidance to clients in these situations, helping them protect their rights while working to minimize the ways their lives may be affected by DWI charges. As soon as possible after a DWI arrest, we encourage you to contact our McKinney DWI defense lawyers and determine what to do next. Call 972-369-0577 to schedule a free consultation.