Drivers stopped by police officers often want to move on with their days as quickly as possible. In cases where police officers suspect a driver of a driving while intoxicated (DWI) offense, they may ask a motorist to submit to testing.
Police officers can administer field sobriety tests and roadside chemical testing to determine if a motorist was actually under the influence while operating a motor vehicle. Drivers may not want to implicate themselves and may refuse to submit to testing.
What consequences does chemical test refusal scenario typically risk in Texas?
Timing determines the consequences
People stopped by police officers have protection from unreasonable searches under the Fourth Amendment. Police officers cannot compel a driver to perform field sobriety tests. They also typically cannot force people who are not yet under arrest to submit to chemical testing.
A pre-arrest request for chemical testing is just that. It is a request that does not necessarily carry much legal weight. Drivers can decline those early testing requests without penalty.
The matter changes once a police officer has the probable cause necessary to arrest a driver. At that point, the Texas implied consent law takes effect. Drivers are subject to a law that declares their choice to drive on public roads effectively provides implied consent for post-arrest chemical testing.
Drivers can still refuse to submit to a breath test on the side of the road, but doing so could lead to administrative penalties. The state can suspend a driver’s license for 180 days after their first refusal to submit to a chemical test. Those who previously refused a test or have a prior DWI conviction from within the last 10 years could lose their licenses for two years.
Additionally, police officers can theoretically pursue a warrant for a blood draw. Especially in cases where an alleged DWI offense led to a crash that caused injuries or death or when there are passengers under the age of 15 in the vehicle, officers may pursue a warrant to test a driver after they refuse to submit to a breath test.
Understanding how to respond to testing requests can help people reduce their likelihood of facing unfair Texas DWI charges. Drivers generally have the right to decline pre-arrest testing, although post-arrest refusals can lead to the temporary loss of driving privileges.