Implied Consent Defense

Houston Implied Consent Defense Attorneys :: The Law Office of Matthew D. Sharp

Chemical testing is often performed in an effort to determine a motorist’s blood alcohol level. In order to ensure that drivers are willing to provide DWI blood test samples, Texas has what is known as an implied consent law. According to the Texas Penal Code, by accepting a driver’s license, individuals are thereby consenting to submit to such testing when lawfully asked to do so.

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Refusing DWI Tests

Although mandated by law, some motorists sometimes refuse to undergo such testing. Failing to follow the implied consent rule could result in an officer obtaining a warrant from a judge. It could also result in the automatic loss of a driver’s license for a period of time. The fact that a motorist refused a test can also be used as evidence in any subsequent criminal trials.

The state of Texas is increasingly using “no refusal” checkpoints in order to enforce the implied consent statute. These checkpoints are staffed by judges who are available to sign warrants, and nurses who will carry out a blood test once this has been accomplished.

Defending Consent DWI Laws

Although Texas law is very clear as to its implied consent DWI law, there are nonetheless a few defenses that could be used by those charged with this crime:

  • Defendant lacked mental capacity to make an informed decision
  • The accused suffered from a medical condition such as dementia that made it impossible for him to understand instructions from police officers

Contact a Houston Implied Consent Lawyer

In most cases, failure to submit to BAC testing will only benefit motorists, and could even result in increased DWI penalties. Those who have refused blood alcohol testing would do well to contact an attorney for assistance. Reach out to The Law Office of Matthew D. Sharp today.

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