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Should I Refuse A Breath Test For DWI?

Law enforcement officers often use breath tests, blood tests and other chemical testing as the method determine an individual's blood alcohol concentration (BAC) once he or she has been placed under arrest for a suspected DWI. Only those who have been involved in an accident causing serious injury or death can be forced to take a breath test. Once an individual has refused to submit to such testing, it is against the law for an officer to demand compliance. This does not mean there are no penalties for refusing a breath test.

Implied Consent Laws

Our state is an implied consent state. According to Texas Transportation Code §724.011, anytime an individual is arrested for an alleged DWI offense, he or she is considered to have already given implied consent to submit to breath, blood and other chemical testing. Refusing a breath test will lead to the automatic suspension of your driver's license for no less than 180 days. This is true regardless of whether or not the prosecution moves forward with criminal DWI charges against you. As a refusal is often viewed as an admission of guilt, it can and will be used against you in court.

How to Challenge Test Results

A breath test indicating a BAC level of 0.08 or more is not enough to guarantee a conviction. As this type of testing is not without fault, a skilled criminal defense attorney will not be afraid to challenge the accuracy and validity of your test results, so as to help you avoid facing serious charges and penalties. Reasons that test results can be deemed inadmissible in court may include:

  • faulty machinery
  • inadequately trained officers
  • improper test administration
  • rights violations

Challenging a failed breath test is not necessarily easy and the counsel you retain will have a direct impact on the outcome of your case. It is for that reason we advise you hire an attorney you can trust to represent your interests.

Get A Free Consultation

To get experienced defense for your DWI, call my firm. Not only do I have a comprehensive understanding of DWI laws, but a well-earned reputation for courtroom success. From the moment you retain my counsel, I will treat you with the respect and compassion you deserve. If you need help challenging the results of a breath test or defending your interests after a breath test refusal, then my firm may be able to help. Contact me now!