Drunk Driving In Texas or DWI

As all drivers know, a DWI is not only dangerous and often fatal it is also illegal in

the United States.

To combat this, officers will stop drivers suspected of DWI.

The suspected driver then has to undergo a series of tests to determine if they are

indeed intoxicated.

Once a driver is arrested for suspicion of driving while drunk, the officer in the state of Texas have

the options of administering either a breath or blood alcohol concentration test to confirm that a

suspected driver was indeed driving while intoxicated.

Texas state law states that a blood alcohol level of 0.08 is legally driving intoxicated.

In addition, the law states there is already an implied consent, so refusal of such test is

also against the law.

If a driver arrested for suspected driving while intoxicated refuses to take one of the required tests the driver will have their drivers license

suspended for at least 90 days, and will have to spend three days in jail.

If there is an open container discovered at the time of the arrest the driver will have to

spend six days in jail.

This can also include a suspension of the driver’s license for up to 180 days.

If there is a second or third offense the driver will lose their driver license for two

years for each offense.

Further consequences that occur from refusing to take the test is that the officer will require the

suspected driver to sign a statement that says the officer warned you of the consequences of refusal

to take either a breath of blood alcohol test.

Refusing to take the test doesn’t guarantee that the suspected driver will not be

convicted of driving while intoxicated.

The prosecuting district attorney can and most often will use the fact that the

suspected driver refused to submit to one of the required tests against you.

Ultimately this could mean that a driver suspected of driving while intoxicated can be convicted without the state having to prove that the driver’s blood alcohol level was at

least 0.08.

There are certain exceptions to refusing to take the test and they are as follows.

If the driver is in an accident, or if the driver has a child present.

The next is if the driver has a prior conviction for driving while under the influence.

The final exception to a driver being able to refuse a DWI test is if the driver is dead or

unconscious at the time of the test.