What Are the Consequences if I Refuse a Breathalyzer Test in Texas?

 Posted on December 26, 2019 in DWI

It is not uncommon for drivers to get behind the wheel after having a few drinks, especially around the holidays. Rather than paying for a rideshare and leaving their car behind to be safe, individuals will often assume that their senses are not altered to the extent that restricts their ability to drive. The truth is that even when you think you are capable of driving, you may be over the legal limit. With the blood alcohol concentration (BAC) limit being 0.08 percent for Texans, even a couple of drinks can cause you to be legally intoxicated. If you see red and blue flashing lights in the rearview mirror after drinking any amount of alcohol, you could face DWI charges.

Do I have to Take a Breathalyzer Test?

Being pulled over by a police officer can be an anxiety-provoking experience. After stopping on the side of the road and waiting for the officer to come to your window, you will likely wonder how you should handle the situation. One thing to note is that in Texas, all drivers are required to submit to a BAC test if they are arrested on suspicion of DWI. This is known as the implied consent law. Every driver who has a valid Texas driver’s license agrees to give a blood or breath sample upon arrest.

However, the implied consent law only applies to tests which are performed after an arrest. If you are pulled over, the officer may ask you to submit to a portable breathalyzer test. This test can be refused, although a refusal may provide the officer with probable cause to arrest you on suspicion of DWI. After being arrested, you will likely be asked to take a blood or breath test at the police station or a local medical center. If you refuse to submit to this type of testing, there will be legal consequences for doing so.

What Are the Consequences for Refusing the Test?

Refusing to take a DWI test does not land you immediate jail time; however, you can lose your driver’s license. If you refuse to take one of these tests, your license will be suspended for 180 days. If your license had previously been suspended or revoked within the last 10 years, a refusal to take a BAC test will result in the suspension of your license for two years. When determining whether it is in your best interests to take or refuse a blood alcohol test, it is best to consult with an attorney.

Call a Floresville Criminal Defense Attorney 

Deciding whether or not to submit to a breath and blood test can seem like an impossible judgment call. At BRCK Criminal Defense Attorneys, we want every driver to be safe and smart this holiday season. If you have been arrested for DWI, we can help you determine the best defense strategies, and we will work to help you avoid facing harsh legal consequences, such as the loss of your driving privileges. If you are facing DWI charges, contact our Wilson County DWI defense lawyers at 830-769-1010 for a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm#724.014