If you have a blood alcohol level of .08 percent or higher while driving, you could be charged with a DWI, also called drunk driving. Texas law essentially says that anyone driving a car has already consented to a chemical test to determine whether or not they are driving while intoxicated, so even refusing a breathalyzer could potentially carry consequences. The consequences of a Texas DWI could be very severe depending on the circumstances.
What Are the Potential Consequences for Refusing a Breathalyzer?
Refusing a breathalyzer could have consequences, but it is still advisable to refuse in most situations. The consequences for refusing a breathalyzer are still likely to be less than if you blow.
Depending on how many times you’ve refused a breathalyzer in the past, you could be looking at a suspended license for anywhere between 180 days to two years.
Think about it this way: if you think you have a BAC less than .08 percent, you may think it is okay to consent to a breathalyzer, but that could make things worse. If you blow a .06, police allow for a .02 percent margin of error, meaning they could still say your BAC is .08. If you refuse, at least there is no record of the BAC to haunt your case.
What Is the Minimum Jail Time for DWI in Texas?
Assuming you have not caused a car accident, or property damage, the minimum amount of time you may have to spend in jail depends on how many prior DWI convictions you have on record.
For your first offense, the minimum time is three days. It’s 30 days for a second offense, and two years for a third. In addition, if you are convicted of a second offense within five years of your first, you may be required to use an ignition lock device.
If you have been charged with a DWI, call or fill out an online form for a free consultation. Talk to a Lewisville criminal defense attorney with Julian, Crowder & Shuster so they can help you mount an effective defense.