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.

1. Drunk Driving In Texas or DWI

2. As all drivers know, a DWI is not only
dangerous and often fatal it is also illegal in
the United States.

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

4. The suspected driver then has to undergo a
series of tests to determine if they are
indeed intoxicated.

5. 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.

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

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

8. 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.

9. If there is an open container discovered at
the time of the arrest the driver will have to
spend six days in jail.

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

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

12. 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.

13. Refusing to take the test doesn’t guarantee
that the suspected driver will not be
convicted of driving while intoxicated.

14. 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.

15. 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.

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

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

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

19. 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.