Can I Refuse to Take a Breathalyzer Test?
Posted on Aug 10, 2012 1:06pm PDT
While refusing to take a breathalyzer test after you have been pulled over for a suspected DWI may seem like a good idea, there are certain things you must consider. First of all, if you refuse to submit to a breath or blood test, which are used by law enforcement officials to help determine whether or not you are above the legal blood alcohol concentration (BAC) level or under the influence of drugs, you will be subjected to heavy penalties. In the state of Texas, there is a mandatory 180-day license suspension for anyone who refuses to submit to BAC testing. This is above and beyond any penalties if you will receive if you are arrested and subsequently convicted for DWI.
In addition, under the Texas implied consent law, any driver who signed the documents required to get a driver's license in the state of Texas has already given their implied consent to be subjected to breath or blood tests, if law enforcement has reason to suspect the driver is a danger to themselves or others. On the other hand, should you agreed to take a breathalyzer test and blow a BAC more than the legal limit, you will be facing a mandatory 90-day license suspension along with any other fines and penalties handed down if you are convicted of DWI.
If you have been pulled over, or arrested for a suspected DWI in Collin County [TX], you need to contact a knowledgeable Collin County DWI attorney at my firm immediately. According to Texas law, you only have 15 days from the time you receive your notice of suspension to ask for an administrative license revocation hearing. By contacting my firm, I will be able to thoroughly review your case, help you request your hearing in a timely fashion, and work hard in your defense. Whether you refused breath and blood tests or not, my firm and I are here to help. With an average of 45 to 50 DWI trial cases per year and a 70% success record, I have the experience you want representing you.
BAC tests can be improperly executed or show false positive readings. Refusing to submit to BAC testing does not always work in your favor. In either case, if you have been arrested for DWI you need to contact The Law Office of Troy P. Burleson and schedule a confidential consultation today.