What Happens if I Refuse a Breathalyzer Test in Texas?

If you are suspected of drunk driving in Texas, you may have to decide whether you will consent to a breathalyzer test. Photo of breath test

If you have been drinking and you are unaware of your blood alcohol content (BAC), if you take a breathalyzer test and blow over the legal limit of .08, this could be used against you as evidence, leading to your arrest. However, there are criminal defense strategies that can be used if you are charged with drunk driving for blowing over the legal limit. If this has occurred to you, speak to our Lewisville criminal lawyers about how we can help you.

If you refuse to take a breathalyzer test, due to implied consent laws, you can also be arrested and your license can be suspended. Someone may refuse to take a breathalyzer test over fears that results will be used as evidence against him or her in court. By refusing to take a test, a prosecutor may not have evidence to pursue charges against a driver. Additionally, criminal charges may hinge on a police officer’s testimony and your reaction. If you acted in a way that did not indicate intoxication, it may present reasonable doubt in your case.

As this shows, agreeing to take a breathalyzer test is a difficult decision, especially if a driver has only had a couple drinks.

Additionally, as we have noted in previous blogs, some jurisdictions in Texas participate in “no-refusal” periods, or efforts where judges, prosecutors and police work collaboratively to create warrants that allow blood tests to be performed on drivers without their consent, if they refuse a breathalyzer test. These campaigns usually take place during holiday periods or special events.

DWI Charges Dropped Against Travis County Judge

A good example of breathalyzer consent came up recently when it was announced by prosecutors in Travis County that they would not pursue drunken driving charges against District Court Judge Gisela Triana, who was arrested in March during the South by Southwest festival.

Triana reportedly refused to take a breathalyzer test when she was pulled over for speeding. She also refused to take a blood test after she was arrested. However, due to a “no-refusal” period that was in place due to SXSW, a warrant was obtained for a blood draw. The results indicated that Triana had a BAC of .076, under the legal limit of .08.

Because of this, there was not enough evidence to prosecute Triana, who was instead cited for speeding.

Fighting DWI Charges

If you are ever arrested for DWI, contacting our Lewisville attorneys will be in your best interest. Some of our lawyers are former police officers, so our staff knows how the DWI process works. We use our law enforcement experience when we defend people who are accused of drunk driving by questioning how an arrest was made and whether all procedures were followed.

For more information about Texas DWI laws, check out our Twitter and Facebook pages. To contact us, you can use the case review form located on the side of this page.

Julian, Crowder & Shuster, P.C. – Lewisville DWI Attorneys

Source: http://www.statesman.com/news/news/crime-law/county-attorney-not-to-pursue-dwi-charges-against-/nmdLr/



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