Breath Test Refusal
Facing a DWI charge in Texas can feel like navigating a storm. The risks are real, from losing your license to fighting charges in court.
One critical aspect you need to understand is what happens if you refuse a breath test.
This knowledge is key to crafting your defense and protecting your future. Let’s break down the breath test refusal laws in Texas and how they could affect your case.
What Happens if You Refuse a Breath Test?
Refusing a breath test doesn’t mean you’re free of consequences. Texas law enforces strict penalties for test refusals under its implied consent law.
Here’s what you should know:
Immediate Suspension: Refusing a breath test can result in automatic Administrative License Revocation (ALR). For a first refusal, your license could be suspended for up to 180 days, and for repeat refusals, the suspension period increases.
Warrant for a Blood Test: If you refuse a breath test, law enforcement can often obtain a warrant to conduct a blood test. This means your refusal does not always stop evidence collection.
Courtroom Implications: Your refusal can be admissible evidence and may be used against you during trial to argue guilt.
Understanding these potential outcomes underscores why working with an experienced attorney is essential.
Texas Implied Consent Law
As a motorist in Texas, believe it or not, just by driving in Texas you agree to implied consent.
This means you automatically consent to a breath or blood test if law enforcement has probable cause to believe you are driving while intoxicated. Refusing the test violates this agreement and triggers the penalties outlined above.
What Is Probable Cause?
Law enforcement must have a valid reason to request a breath test. Common reasons include:
- Failing field sobriety tests
- Obvious signs of intoxication, such as slurred speech or the smell of alcohol
- Witness reports or evidence of erratic driving
If probable cause is not established, a refusal may be contestable in court.
Penalties for Refusing a Breath Test
The consequences escalate with repeat offenses. Here’s what you could face if you refuse a breath test in Texas:
First Offense: 180-day license suspension
Second Offense: 2-year license suspension
Third Offense: Longer suspension periods and higher fines
Additionally, refusing a test does not guarantee avoiding conviction. The prosecution can highlight your refusal during trial to strengthen their case.
Defenses Against a Breath Test Refusal
Texas law provides opportunities to challenge the consequences of a refusal. Potential defenses include:
- Improper Procedures: If the officer failed to follow correct procedures, your case might be dismissed or mitigated.
- Medical Conditions: Medical issues affecting your ability to perform or understand the breath test may be valid defenses.
- Lack of Probable Cause: If no clear evidence of intoxication existed at the time of the request, the breath test requirement itself might be challenged.
- Understanding your specific situation is key to mounting an effective defense.
Why Choose Jacob Blizzard to Represent You
When facing a DWI case, you need more than just legal representation - you need someone fully committed to protecting your rights. Here's what sets Jacob Blizzard apart:
- Dedicated to Defense: Unlike many attorneys, Jacob Blizzard has never worked as a prosecutor. His focus has always been on defending individuals against criminal charges.
- Board Certified Expertise: Jacob’s board certification in criminal law and appeals makes him one of Texas’s most specialized and experienced defense attorneys.
- Client-Centered Approach: Jacob understands the stakes for his clients and fights tirelessly to secure the best possible outcome in every case.
With Jacob Blizzard on your side, you’ll receive expert guidance and unwavering support through every step of the process.
Take the Next Step
Don’t face a refusal charge alone.
Explore your defense options with Jacob Blizzard and the dedicated team at Blizzard and Zimmerman, today. Whether it’s challenging improper procedures, addressing probable cause issues, or navigating license suspension, we’re here to help.
Contact us now to schedule your case review and begin building a strong defense strategy.
Together, we can take on your case and protect your future.
