Re: Driver Surcharge-Texas Transportation Code Ch.708

More | Report Post

A relative was stopped, passed a field sobriety test, refused a
breathalyzer, was arrested and charged with DWI. He has been told by
his attorney that even if he goes to trial and is found innocent that he
will still lose his license and have to pay the surcharges because he
refused the breathalyzer. However, the way the statute (TX Trans Code
Ch. 708) is written it states a final conviction to apply the
surcharges. Nothing I have found shows me the statutes covering the ALR
and provisions for requiring a person to submit to a breathalyzer test.
Wouldn't this violate the 5th Amendment of the US Constitution and
require someone to incriminate theirself by threat of losing their
license, and incuring the high surcharges?