You’ve been pulled over for an alleged DWI charge. The law enforcement officer suggested that he smelled a powerful odor of alcohol and also noticed your bloodshot watery eyes. He then proceeded to conduct field sobriety tests that you did not do well on. You were then placed under arrest and taken at the officer’s station. After a quick wait, the police officer presents you with a choice – submit to an breath test or refuse the test. You knew that this particular decision is important, but you did not follow some simple proven steps.

If you need legal counsel or expert’s assistance from a DWI attorney, I strongly suggest that you get in touch with an attorney that is authorized to practice in your state.

If you have a driver’s license, you then have given the implied consent to undergo a chemical test for the purpose of calculating blood alcohol content. This could seem unconstitutional, a violation of your rights, or downright illegal, but such laws and regulations have been challenged numerous times under the theory that “implied consent” comprises unreasonable search and seizure under the Fourth Amendment. Nonetheless, they have been upheld by the process of law as an appropriate exercise of the States police authority. The reason behind is that driving is considered a privilege and it is the State’s obligation to ensure that dangerous drivers are kept off course thereby assuring that injury, property damage, and also loss of lifestyle is prevented if at all eliminated.

On the other hand, you also have the right to decline such a test in most instances. That is right.  You can refuse to submit to the blood alcohol content test. But how does the State consider the refusal when you already have an implied consent when you originally obtained your license? Well, there are numerous effects of that refusal.  Chances are when you refuse to submit to the test, your license will be suspended.

Therefore it seems as though the decision is actually between

El Paso DWI Attorney Discusses : Implied Consent And Refusing Chemical Testing