Hiring a DWI Attorney – Understanding Texas Implied Consent Law


Hand inserting the car's keyWere you arrested for impaired driving? You need help from a DWI attorney to respond to charges and defend yourself. One thing your lawyer will do is determine if evidence should be admissible against you. It’s possible that it should be suppressed because it was obtained illegally. One of the most common questions related to evidence collection centers around whether or not you are compelled to submit to a blood or breath test. A DWI attorney at Aranda Law Firm can help clients in and around El Paso understand whether police acted appropriately in relation to blood alcohol concentration (BAC) testing. Here’s a few tips on how to contest your charges.


Implied Consent Laws and BAC Testing


If you are arrested on suspicion of impaired driving, you must submit to a chemical test. This is because of a law called an implied consent law. In Texas, the implied consent law is found in Texas Transportation Code Chapter 724.  The law states that if a person is arrested for a DWI offense, he or she is deemed to have consented to submit to a breath or blood test to determine the presence of alcohol or controlled substances in your body. Basically, implied consent laws essentially state that by driving on the roads in Texas, you’re giving consent to BAC testing if it becomes needed.   If you refuse to submit to a test, license suspension is a consequence. Your refusal can be used against you in court as well.


What Does This Mean for Your Rights?


Implied consent laws don’t mean you give up all of your rights. If you were lawfully arrested, you’re required to take a blood or breath test. However, if there are circumstances around your arrest that aren’t lawful, you’re rights may have been violated. A few examples example would be if police pulled you over without justification, or arrested you without probable cause. In those cases, evidence collected is likely considered inadmissible because of violations of your constitutional rights. A DWI attorney serving clients in El Paso can help you to determine if police acted lawfully. If not, you may be able to contest your charges. Act quickly to ensure the best outcome.


Getting Help from a DWI AttorneyCourt gavel with DWI text -- Driving while intoxicated concept


You should call a DWI attorney as soon as possible for help after an arrest for impaired driving. It’s important to find an attorney that has your best interest in mind. Aranda Law Firm can assist you in arguing evidence that should not be admissible. Call today to find out more.