Refusal of a Breathalyzer in Texas
In the state of Texas, police officers commonly use breath tests, through either a Breathalyzer or Intoxilyzer machine, to determine the blood alcohol concentration (BAC) level of a driver. If, during a DWI or DUI arrest, you refused to take a breath test, the refusal could lead to your driver’s license being suspended for at least 180 days. Implied consent laws in Texas are strict and penalize drivers for not consenting to a breath or blood test to determine BAC.
It is important to talk to a DWI/DUI attorney as soon as possible if you have refused to take a Breathalyzer test as part of your DWI arrest. At the Shapiro Law Firm in Plano, our lawyers have more than 40 years of experience representing individuals who have been arrested for DWIs and other drunk driving offenses in Collin County and Dallas-Fort Worth. We can help you understand your options, protect your rights and feel confident about your defense.
Refusing a Breath or Blood Test in Texas
The choice of whether to take a Breathalyzer test or a blood test is not always an easy one to make. In some cases, when you are not certain that your BAC is below the legal limit (.08 percent), it may be advisable to refuse the test in order to avoid a DWI conviction. The penalties for a refusal are also less than for a DWI conviction, even though your license will be suspended for 180 days on a first offense.
If you are found guilty of a DWI, however, you will face the license suspension for the breath test refusal in addition to the criminal penalties.
In any case, it is always important to consult with an experienced criminal defense attorney who can provide honest advice about the particular circumstances of your case. We have a proven track record of successfully defending clients who have been charged with a DWI. Talk with us about your arrest and learn more about how we can defend your rights.
Contact the Shapiro Law Firm
If you have been charged with a DWI, and you refused the breath or blood test, contact us at the Shapiro Law Firm in Plano, Texas. Call our office at 972-423-0033 and schedule a consultation. Get the representation you deserve.