Refusing a Breath or Blood Test

Can you refuse a breathalyzer test in Texas? DWI defense lawyer explains

When a driver is suspected of DWI, or driving while intoxicated, an officer is given the statutory "option" of asking that you submit to a test of your breath (most common type test) or blood. In Texas, refusing to take a breath or blood test is allowed, but it may come with consequences.

This is why it’s critical that you have an experienced Texas DWI defense attorney on your side, handling your legal case. Otherwise, you could face serious consequences in Conroe or another community in Texas where your DWI traffic stop took place in Texas.

What happens if you refuse a breath test?

Texas allows DWI suspects to refuse to submit to testing. However, because of the implied consent law, however, you can be arrested for refusing a breath or blood test, even if you were completely sober. A refusal may lead to a license suspension for 180 days if this is your first DWI arrest.

In most cases the officer will have asked you to first perform field sobriety tests. While these evaluations are common, they are not mandatory. That being said, if you do submit to testing and do fail, you may face a license suspension and the test result will be used as part of the prosecution's evidence against you. Without the breath or blood test, it's more difficult for a prosecutor to convict you of DWI.

While, in many cases, you might be better off refusing to take the tests, there's no simple answer. Keep in mind that Texas courts have decided that you do not have the right to consult with an attorney before making the decision to refuse or provide a requested specimen.

Talk to an experienced drunk driving defense lawyer

If you’ve been arrested for DWI in Conroe, Montgomery County or the surrounding areas, don't hesitate to contact a Houston Area DWI lawyer for a free consultation. The devices used by police to determine whether or not a driver has more than a .08 blood alcohol concentration are not perfect. If you have been arrested for DWI in Houston area or elsewhere in Texas, call 1-800-395-5951. Attorney Webb can put experience and resources to work for you.