Police officers rely heavily on breath test results to charge drivers for driving while intoxicated. If you are pulled over and asked to participate in this test, you may be wondering if you have the right to refuse. Let’s go over implied consent in Texas and your rights when stopped by police.
Every state in the country follows implied consent laws. This means that if you are pulled over by police and asked to take a chemical test (breath, blood, or urine), you are required to do so. If you do not agree to take these tests, you can face additional penalties.
Penalties for Refusal
If you refuse a breath test in Texas, you will have your license suspended for 180 days. If you have previously been charged with DWI or have refused a test in the past, the suspension can be increased to two years.
In fact, your license is only suspended for 90 days after failing a breath test - half of the suspension period for refusing!
Field Sobriety Tests
Field sobriety tests are not covered under implied consent laws. This means that if you are asked to participate in a field sobriety test, you can refuse to do so with no penalty.
Many sober drivers fail field sobriety tests. For this reason, we recommend refusing to participate even if you are 100% sober. The officer may continue to try and convince you to take the tests - remember that they are voluntary and you do not have to.
What To Do After Refusing a Breath Test
If you have been stopped for suspected DWI and refused to take a breath test, contact an attorney as soon as possible. A skilled attorney can represent you at an Administrative License Revocation hearing and fight for you to keep your driver’s license.
If you did take the breath test and your results showed you were above the legal limit, an attorney can also help you fight the accuracy of the results.
At Deandra Grant Law, we are known for defending Texans in the most complicated DWI cases. If you want a team that will work relentlessly for you, give us a call at (214) 225-7117.