| Many people are aware that impaired driving, whether | | | | realm of "implied consent". In states like Texas, the law |
| it is under the influence of alcohol, illegal drugs, | | | | observes that a person's refusal to submit to testing |
| prescription medication, or over-the-counter drugs is | | | | may be viewed as an admission of guilt. This gives |
| against the law. If a person exhibits suspicious behavior | | | | officers the right to arrest a person even if he or she |
| behind the wheel, he or she may be apprehended by | | | | denies testing. Under implied consent, the officers may |
| law enforcement and asked to submit to sobriety | | | | book the individual into jail on the suspicion of drunk |
| testing. While you can refuse, "implied consent" laws in | | | | driving and charges may be filed. In addition, Texas law |
| Texas may take this to mean that you know you are | | | | allows for the suspected person to be called to an |
| guilty of your charge. | | | | Administrative License Revocation hearing, in which |
| When an individual is stopped on suspicion of DWI, it is | | | | they must argue to keep their license from immediate |
| usually because the officer noticed a certain behavior | | | | suspension. |
| behind the wheel. This could be caused by swerving in | | | | Whether you are proved guilty through failing an actual |
| and out of lanes, weaving on the road, failure to use | | | | sobriety test or just through the implied consent law if |
| turn signals, failure to turn on headlights, speeding, and | | | | you are in Texas, DWI charges can have a serious |
| other causes for concern. If the officer suspects the | | | | impact on a person's finances, personal life, and |
| person is intoxicated, he or she may issue a field | | | | professional standing. Persons charged with DWI are |
| sobriety test to determine if the person is impaired, or | | | | typically forced to pay heavy fines, attend alcohol |
| may ask the individual to take a breathalyzer test to | | | | awareness classes, and may be placed on probation. |
| examine the person's blood alcohol level. | | | | Some employers have policies that require their |
| Of course, people are well within their rights to refuse | | | | employees to maintain clean driving records as a |
| such testing. They have the right to deny the officer | | | | condition of employment, and a DWI charge may cost |
| the right to administer chemical or physical tests to | | | | a person his or her job. |
| determine sobriety. Because this is a protected right, | | | | Because of implied consent laws, people who refuse |
| many people believe that this can save them from | | | | to take sobriety tests may still be inconvenienced by |
| DWI charges and do not realize there are | | | | legal action even before they have the chance to take |
| consequences for failing to submit to testing. However, | | | | their case to trial. An experienced DWI attorney may |
| there are "implied consent" laws that make this refusal | | | | be able to help limit the damage of implied consent |
| seem just as guilty as failing the sobriety test itself. | | | | laws and can help you with your case if you are |
| Such negative consequences usually fall under the | | | | charged with DWI. |