Refusing A Breathalyzer Test During DWI Arrest from The Medlin Law Firm's blog

A DWI arrest can lead to serious consequences. A person's first encounter with the criminal justice system may be in this case. If you are stopped by the police and asked to submit to a breathalyzer test, you may wonder whether you should comply. The answer is not always clear-cut, but there are some general guidelines you can follow.

It is illegal to operate a motor vehicle in Texas with a blood alcohol concentration (BAC) of .08 or higher. You are legally obligated if you are stopped by the police and asked to take a breathalyzer test. This is known as implied consent. 

The implied consent law is a legal principle that holds a person operating a motor vehicle in Texas is deemed to have consented to submit to a chemical test to determine their BAC. You are legally obligated to comply if you are stopped by the police and asked to take a breathalyzer test. However, the state cannot impose criminal penalties if you refuse the test. Instead, you will receive non-criminal sanctions such as having your driver's license automatically suspended for 180 days. 

The consequences of refusing a breathalyzer test are harsh, but they pale compared to the penalties you would face if you were convicted of DWI. A first offense DWI is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. A second offense is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. A third offense is a felony, punishable by up to 10 years in prison and a fine of up to $10,000. 

DWI convictions also result in the mandatory suspension of your driver's license. The length of the rest depends on the number of prior offenses you have. A first offense DWI results in a 180-day license suspension, a second offense results in a two-year license suspension, and a third offense results in a three-year license suspension. 

The answer to this question depends on several factors. If you refuse the test and are later convicted of DWI, you will face enhanced penalties for your non-compliance during the arrest. However, if you take the test and are found to have a BAC of .08 or higher, you will automatically face a DWI arrest. 

There are some circumstances where refusing a breathalyzer test may be in your best interest. If you have been drinking but are unsure if your BAC is above the legal limit, it may be better to refuse the test. The test results can be used as evidence against you in court, and if your BAC is over .08, you will be facing much harsher penalties.

Remember that the implied consent law applies only when you are placed under a DWI arrest. Any request for a breath or blood test before your arrest is invalid, and you can refuse them without facing civil or criminal penalties. Likewise, if you refuse a breathalyzer test, you will be given a window of 15 days to request an administrative hearing to contest the automatic license suspension. 

If you refuse a breathalyzer test, you will be given a Notice of Suspension and a Temporary Driving Permit. The notice will inform you of your right to request a hearing within 15 days of your arrest. If you do not request a hearing, your driver's license will be automatically suspended for 180 days. 

At the hearing, an administrative law judge will consider evidence from both you and the arresting officer to determine whether there was probable cause for your arrest. If the judge finds no probable cause, your driver's license suspension will be rescinded. Otherwise, your license suspension will be upheld. 

The hearing will also allow you to challenge the breathalyzer test results if one was administered after your arrest. If the judge finds that the test results are unreliable, your license suspension may be overturned. 

It is important to note that even if you win your administrative hearing, you can still be prosecuted for DWI in criminal court. The hearing is separate from the criminal proceedings, and the outcome of one will not necessarily impact the other. 

The best course of action is to consult with an experienced DWI attorney to discuss your specific situation. A DWI attorney can help you decide whether it is in your best interest to take the test or refuse it. The Medlin Law Firm in Fort Worth has more than 84 years of combined legal experience and a team of attorneys that handle DWI cases. They understand the complex laws and procedures surrounding DWI cases, and they will work hard to give you a favorable outcome.

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The Medlin Law Firm 1300 S University Dr #318 Fort Worth, TX 76107 (682) 204-4066