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 canrefuse a sobriety test in Tarrant County. Texas law is very strict ondrinking and driving, so while you absolutely can refuse to submit to a sobriety test, there are consequences for your refusal.
What Are the Consequences For Not Taking A Sobriety Test in Tarrant County?
If you refuse to submit to a sobriety test, the arresting officer mustnotify you that your refusal could be used against you in court. The consequences of refusal are automatic suspension of your drivers license for 180 days and the fact that your refusal can be used against you. 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 have an essential reason to do so. You’ll have to petition the Tarrant County court for an occupational drivers license.
Can My License Get Suspended For Refusing A Sobriety Test?
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 suspension will not be upheld.
Get in Touch with a Tarrant County DWI Attorney
If you refused to submit to a sobriety test, there are defenses against DWI conviction and ways to get a temporary drivers license.
Speak with a Tarrant County DWI lawyer from theLaw Offices of Jeff C. Kennedy as soon as possible. We can discuss your case during a free initial consultation, so call us at 817-605-1010 or complete our website contact form below.
