Can I Refuse a Sobriety Test in Tarrant County?

request your free consultation
By Jeff Kennedy

Can I Refuse a Sobriety Test in Tarrant County?

If you enjoy an adult beverage now and then, you may be wondering whether you can refuse a sobriety test in Tarrant County.

Unfortunately, Tarrant County, and Fort Worth PD is very strict on drinking while driving charges, and anyone refusing to provide a sobriety test will result in consequences.

What Happens When You Refuse To Take A Sobriety Test in Tarrant County

If you refuse to submit to a sobriety test, the arresting officer must notify you that your refusal could be used against you in court.

The consequences involve an automatic suspension of your drivers license for 180 days and the fact that your refusal can be used against you in court. Alternatively, an officer may be able to apply for a warrant to obtain a sample.

You have fifteen days following a Tarrant County DWI sobriety test refusal to petition the court for a hearing to challenge your license suspension.

If your suspension is upheld during the hearing, you may still to be able to drive if you provide an essential reason to do so. Lastly, you’ll have to petition the Tarrant County court for an occupational drivers license.

Texas Department Of Public Safety Hearing On License Suspensions

After your refusal, there will be a hearing on whether the Texas Department of Public Safety will uphold your license suspension. For your license suspension to be upheld, the judge must find that these four major elements have been proven by the evidence:

  • The officer had reasonable suspicion or probable cause to conduct a traffic stop.
  • The officer had cause to believe you were intoxicated and operating a motor vehicle.
  • The officer arrested you and asked you to submit to a sobriety test.
  • You refused to submit to the test.

If any of these elements have not been proven, your license will not be suspended.

Get in Touch with a Tarrant County Attorney

If you refused to submit to a sobriety test, there are defenses against a DWI conviction in Fort Worth, and  we can help you get a temporary drivers license.

Reach out and schedule a consultat with Jeff C. Kennedy as soon as possible. He can discuss your case during a free initial consultation.

To schedule, please call 817-605-1010 or complete our website contact form below.

 schedule A FREE STRATEGY SESSION
USE THE FORM BELOW TO CONTACT US

  • This field is for validation purposes and should be left unchanged.
Case Results

Some of our notable victories*

DISMISSED

Charge: Driving While Intoxicated-2nd

Result: Dismissed after Motion to Suppress Illegally Obtained Evidence Granted.

Allegations: Client pulled over after swerving several times into adjacent lane. Client had strong odor of alcohol, slurred speech, bloodshot and watery eyes and was swaying. Client ...continue reading »

read more CASE RESULTS 

WHAT DO OUR CLIENTS HAVE TO SAY?

Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.

Kishta

Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.

N.C.L.

I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!

P.T.S.

Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

Anonymous
NORTH RICHLAND HILLS
PRINCIPAL OFFICE
9133 Belshire Dr
North Richland Hills,
Texas 76182
817-605-1010
FORT WORTH
BY APPOINTMENT ONLY
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
817-605-1015
ARLINGTON
BY APPOINTMENT ONLY
303 W Abram St
Arlington,
Texas 76010
817-605-1012
Back To Top