Refusing a Breathalyzer Test in Texas
Driving while intoxicated is a serious crime, especially in Texas. You can be stuck with heavy fines, license revocation, and even jail time if you are convicted of a DWI or DUI. However, before you can be charged with this crime, law enforcement officials must prove that you were driving with a blood alcohol content, or BAC, above the legal limit of.08.
When you drink, the alcohol affects your brain in several different ways, which then affects the way that you drive. An intoxicated driver may show signs of his or her condition by drifting or swerving. If you're driving drunk, you may forget to follow traffic signals, have delayed responses to what you see on the road, and might be more likely to speed. If a law enforcement official spots this erratic driving, he or she can pull you over to test whether or not you are driving drunk. Although law enforcement officials can estimate your BAC with field sobriety tests, they can only get exact figures through Breathalyzers, blood tests, or urine samples. Of course, blood tests are the most accurate, but all of these methods can deliver false results.
Thus, some people choose to refuse a BAC test when pulled over on suspicion of drunk driving. They may realize that they are above the legal limit, or they may have experienced a false test in the past. In Texas, you are entitled to refuse a Breathalyzer test, but this can lead to severe consequences.
As a driver, the law holds that you agree to submit to sobriety tests required by law enforcement officials whenever you drive on Texas roads. If you refuse to submit to a BAC test, the prosecution can use this as evidence that you knew you were driving with an illegal BAC. You will also have your license automatically suspended for refusing a Breathalyzer test through the Administrative License Revocation program. If you are a first time offender, you may only face 180 days without your license. However, if you are a repeat offender, your license may be suspended for much longer.
If you have been charged with a DWI/DUI or are facing license revocation, you should talk to an attorney about defending your rights. To discuss your case, contact an experienced criminal defense lawyer. A lawyer may be able to help you receive a reduced sentence or even have your charges dropped.
When you drink, the alcohol affects your brain in several different ways, which then affects the way that you drive. An intoxicated driver may show signs of his or her condition by drifting or swerving. If you're driving drunk, you may forget to follow traffic signals, have delayed responses to what you see on the road, and might be more likely to speed. If a law enforcement official spots this erratic driving, he or she can pull you over to test whether or not you are driving drunk. Although law enforcement officials can estimate your BAC with field sobriety tests, they can only get exact figures through Breathalyzers, blood tests, or urine samples. Of course, blood tests are the most accurate, but all of these methods can deliver false results.
Thus, some people choose to refuse a BAC test when pulled over on suspicion of drunk driving. They may realize that they are above the legal limit, or they may have experienced a false test in the past. In Texas, you are entitled to refuse a Breathalyzer test, but this can lead to severe consequences.
As a driver, the law holds that you agree to submit to sobriety tests required by law enforcement officials whenever you drive on Texas roads. If you refuse to submit to a BAC test, the prosecution can use this as evidence that you knew you were driving with an illegal BAC. You will also have your license automatically suspended for refusing a Breathalyzer test through the Administrative License Revocation program. If you are a first time offender, you may only face 180 days without your license. However, if you are a repeat offender, your license may be suspended for much longer.
If you have been charged with a DWI/DUI or are facing license revocation, you should talk to an attorney about defending your rights. To discuss your case, contact an experienced criminal defense lawyer. A lawyer may be able to help you receive a reduced sentence or even have your charges dropped.
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