Implied Consent Laws

Many people are aware that impaired driving, whether it is under the influence of alcohol, illegal drugs, prescription medication, or over-the-counter drugs is against the law. If a person exhibits suspicious behavior behind the wheel, he or she may be apprehended by law enforcement and asked to submit to sobriety testing. While you can refuse, "implied consent" laws in Texas may take this to mean that you know you are guilty of your charge.

When an individual is stopped on suspicion of DWI, it is usually because the officer noticed a certain behavior behind the wheel. This could be caused by swerving in and out of lanes, weaving on the road, failure to use turn signals, failure to turn on headlights, speeding, and other causes for concern. If the officer suspects the person is intoxicated, he or she may issue a field sobriety test to determine if the person is impaired, or may ask the individual to take a breathalyzer test to examine the person's blood alcohol level.

Of course, people are well within their rights to refuse such testing. They have the right to deny the officer the right to administer chemical or physical tests to determine sobriety. Because this is a protected right, many people believe that this can save them from DWI charges and do not realize there are consequences for failing to submit to testing. However, there are "implied consent" laws that make this refusal seem just as guilty as failing the sobriety test itself.

Such negative consequences usually fall under the realm of "implied consent". In states like Texas, the law observes that a person's refusal to submit to testing may be viewed as an admission of guilt. This gives officers the right to arrest a person even if he or she denies testing. Under implied consent, the officers may book the individual into jail on the suspicion of drunk driving and charges may be filed. In addition, Texas law allows for the suspected person to be called to an Administrative License Revocation hearing, in which they must argue to keep their license from immediate suspension.

Whether you are proved guilty through failing an actual sobriety test or just through the implied consent law if you are in Texas, DWI charges can have a serious impact on a person's finances, personal life, and professional standing. Persons charged with DWI are typically forced to pay heavy fines, attend alcohol awareness classes, and may be placed on probation. Some employers have policies that require their employees to maintain clean driving records as a condition of employment, and a DWI charge may cost a person his or her job.

Because of implied consent laws, people who refuse to take sobriety tests may still be inconvenienced by legal action even before they have the chance to take their case to trial. An experienced DWI attorney may be able to help limit the damage of implied consent laws and can help you with your case if you are charged with DWI.