Fort Bend County DWI

DWI Law and Implied Consent

Possessing a Texas driver's license or operating a motor vehicle on Texas roads and highways is considered "implied consent" to a BAC test when arrested under Fort Bend County DWI law.

In short, this means that you are legally required to submit to a breath test. However, a person also has the legal right to refuse a breathalyzer or other BAC test. So, although there is a legal requirement, the police cannot force you to take a BAC test.

There are consequences to refusing a breath test in a Fort Bend County DWI:

• Suspension of your driver's license for 90 days up to 2 years
• Automatic commercial driver's license suspension for 1 year

The stakes get higher if you are facing your second or third DWI charge. A person who refuses a breath test after failing or refusing a previous test could face an automatic 2 year driving license suspension.

Get legal help to understand DWI law and your rights. Contact our firm as soon as you have been charged. We are available 24/7 to help clients begin building a DWI defense in Fort Bend County.

Breath Tests in DWI Defense

BAC tests are not always definitive proof of intoxication. In fact, the breathalyzer alone has often tested to be up to 50% inaccurate. With those kinds of stats it is no wonder breath tests are the subject of many solid DWI defenses in Fort Bend County.

There are two main factors that often contribute to a false BAC test result:

• Faulty equipment
• Improper testing training and procedure

Remember that criminal cases must prove beyond any reasonable doubt that a person committed the alleged crime. Breathalyzer equipment proven to malfunction or officers that do not follow proper testing protocol is solid evidence that can provide reasonable doubt to a judge or jury.

Texas law gives people the option to take or refuse a breath test for DWI charges. No matter what you decide, The David Hunter Law Firm is ready to take your case and help you build a solid DWI defense in Fort Bend County.

Call us at 281-265-1515, toll free at 877-523-0936 or use our web formfor help with Fort Bend County DWI.