Breath or Blood Test Refusals

If the police suspect that you are driving while intoxicated (DWI), they will request that you consent to a breath or a blood test. While being investigated, there are a myriad of emotions you may be feeling. Are you afraid and unsure about what to do? There can be benefits to refusing a breath or blood test, and as a seasoned criminal defense law team, we are aware of those benefits and how to use them to your advantage.

At The Wilder Law Firm, we put over 25 years of experience with DWI cases to work for you. Rest assured that we will stand with you and fight for you throughout this entire process – and that we have the skills necessary to get you the best outcome for your situation. When you hire us, we will immediately begin our work to defend you against potential license suspensions and subsequent DWI charges. Contact The Wilder Law Firm at 214-741-4000 for immediate help. 

What is Implied Consent?

Many of our clients did not realize that when they received their driver license, they agreed to provide a sample of their breath or blood if requested by a police officer. Since you did not actually sign anything stating that you agreed, it is known as “implied consent.” If you refuse to provide a sample, you face a minimum potential driver’s license suspension of six months (180 days).

Upon refusal to take a breath or blood test, the police officer will take your driver’s license and give you a temporary driving permit. When this happens, you have 15 days to request an administrative hearing in which you can fight the suspension. It is very important that you adhere to the 15 day window to request your hearing. If you miss the deadline, you will have no chance at a hearing and the driver’s license suspension will stand and be implemented on the 41st day after your arrest.

We Fight Refusals

We have fought countless cases where clients have refused both a breath and blood test. Refusing these tests does not mean you will be convicted. Your defense starts with fighting the license suspension, as evidence obtained in that hearing can help us fight the DWI in court. Many lawyers do not bother with administrative hearings because they can be difficult to win. We will stand by you and fight with you on every front. With us on your side, you can present a strong defense at an administrative hearing and fight for your license. 

Penalties of Test Refusal and DWI

As mentioned above, a breath or blood test refusal results in a potential driver’s license suspension of six months (180 days). If you are also charged with DWI, you can face the following penalties:

Deferred penalties (only available if your alcohol concentration is below a 0.15):
  • A jail sentence up to 180 days (in the event of a conviction).
  • A fine of up to $2,000.
  • Probation for a period of up to two years.
  • A successful deferred probation can be used to enhance any subsequent DWI arrest to a DWI 2nd.
  • An ignition interlock device installed in your car or any other vehicles you drive for a minimum of six months.

Non-Deferred Penalties

  • A 3-180 day jail sentence (if probation not granted).
  • Potential for a 90 day to one year driver license suspension.
  • A fine up to $2,000.
  • Probation for up to two years.
  • An additional “Super Fine” of $3,000, regardless of the court fine assessed, if your alcohol concentration was below 0.15 ($6,000 for an alcohol concentration of 0.15 or above).

Additional penalties:

  • Increase in auto insurance rates.
  • A DWI listed on your permanent criminal record.
  • Difficulty obtaining/keeping certain professional licenses.
  • Difficulty obtaining/keeping certain jobs.
  • Issues with immigration.
  • Issues with child custody.
  • Difficulty furthering your education.

Protecting Your Future is Our #1 Goal

If you choose to refuse a chemical test, The Wilder Law Firm can help you deal with the consequences. Remember, because of the 15 day limit on requesting an administrative hearing, there is no time to lose if you refused a chemical test. This means that every second counts. Do not wait, contact us now for the guidance you need to win your case at 214-741-4000.

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.

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