THE CONSEQUENCES OF REFUSING A BREATH TEST IN TEXAS
Were you recently pulled over and arrested for drinking and driving? What happens if you refused the breath test in Texas? Refusing the breath test may be a good idea since you have already been arrested for DWI when the breath test is offered. But you could face a suspension of your driver’s license and other DWI penalties based solely on your refusal of a breath test, even if you are eventually found not guilty of DWI or your case is dismissed.
At Daniel, Moore, Evans, Biggs, Decker, and Smid, we represent people who have been charged with drinking and driving. We will find the best approach to your case to provide you with a strong defense. We know how to use the refusal of a Breathalyzer test to your advantage, and we will be ready to protect your rights throughout the process.
How We Fight Back For You
The police officer and prosecution often try to use failing a breath test as strong evidence of guilt. They may file a formal drunk driving charge based on the breath test results alone, even if all the other evidence shows you are not guilty of DWI. A failed Breathalyzer is not always solid proof, however. Our lawyers know the right questions to ask in order to challenge the breath test results, including:
- Did the police officer follow procedure when administering the breath test?
- Does video of the traffic stop suggest you were sober?
- Did you pass all of the field sobriety tests and roadside tests?
- Did the officer have a legally valid reason to pull you over and probable cause to arrest you for DWI or DUI?
With extensive courtroom experience, our lawyers know what tactics the other side will use to build a case and obtain a conviction. This perspective allows us to provide our clients with a well-planned and proactive defense strategy. If you have refused to take the Breathalyzer test or were charged with drinking and driving because of inaccurate breath test results, we will stand up for your rights.