REFUSAL TO TAKE A BREATHALYZER IN TEXAS

If a police officer pulls you over in the state of Texas and suspects you have been driving while intoxicated, he or she will usually ask you to take a Breathalyzer or blood test to check your blood alcohol content (BAC). Consenting to this test will allow the officer to find out whether or not your BAC is over the legal limit of .08%, which would result in you being charged with a DWI. However, it’s important for you to remember you do not have to take a Breathalyzer or blood test if you don’t want to. By law, you can tell the officer you do not want to take a Breathalyzer or blood test, and in some cases, this could make it more difficult for a prosecutor to convict you of a DWI when you show up in court.

You should know there will likely be some consequences if you choose not to take a Breathalyzer or blood test in Texas, though. While you are allowed to turn down a police officer’s request for you to take a Breathalyzer or blood test, first-time DWI offenders will have their licenses suspended for 180 days if they refuse to take a Breathalyzer,

while second and third-time DWI offenders will have their licenses suspended for two years for refusing. After you sign a statement saying you are refusing to take a Breathalyzer or blood test, you will have your license taken away and be issued a temporary permit used until your suspension officially starts. The only way to avoid losing your driving privileges is to request a hearing to challenge the suspension you were given within 15 days of signing the statement.  There is also a possibility that the officer will get a search warrant to take a blood test against your will.

If you recently refused to take a Breathalyzer or blood test and you are interested in challenging your suspension in court, you need to act quickly. You can do it by contacting Hill & Hill Attorneys at 1-866-369-2889 today to learn more about the steps you can take to keep your license.

2017-03-29T02:27:38+00:00