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Should I Refuse To Take a Texas Breathalyzer Test?

These days, breath tests for blood alcohol content are ubiquitous in DWI arrests, and the results of a breathalyzer tests are often (incorrectly) believed to be irrefutable. As a result, many people have asked us if they are better off refusing the breath test altogether – the “you can’t prove I’m drunk” strategy. In this blog, our Denton DWI defense attorneys explore why this may not be such a good idea.

Arrested for DWI in Denton? Call our firm today for your free consultation.

Does Texas Have an Implied Consent Law?

Before November of 2014, Texas had an implied consent law – essentially, anyone with a driver’s license has an implied obligation to submit to a breath or blood test if pulled over for DWI. Texas courts found that this law was unconstitutional, however, and law enforcement agents are now required to obtain a warrant to perform a chemical BAC test.

Although there won’t be any criminal penalties for refusing the test, there could be hefty administrative penalties. When they can’t go after your freedom, they will go after your ability to drive. The penalties for refusing a breathalyzer test include:

  • 180 day license suspension for your first offense
  • Two year drivers’ license suspension for a second or third offense

This suspension is not guaranteed, however, as you do have 15 days to request a hearing to prevent a revocation. It is absolutely crucial that you call a Denton DWI defense lawyer as soon as possible so they can help you defend your driving privileges.

So Should I Refuse The Test?

Ultimately, only you can make the decision of whether or not to submit to a breathalyzer test. It is crucial to remember that refusing a breathalyzer test will not prevent charges from being filed against you, and it is relatively easy for law enforcement officers to get a warrant to perform such a test. Regardless of whether or not you comply with a BAC test, the most important thing to do is call an experienced Denton DWI attorney who can fight for your rights.

Call (940) 580-4287 for the tough, battle-tested defense you need.

Categories: Criminal Defense, DWI