Submitting to a Breathalyzer Test after a Traffic Stop
Having drinks with dinner or at a ball game is lawful. But driving after drinking too much is not. On your way home, if a law enforcement officer pulls you over for a routine ticket, like speeding, a bad tail light or failure to stop at a red light, he may smell alcohol and investigate you further. He may even ask if you have been drinking. When you honestly answer yes, the officer may request that you submit to an alcohol test to determine if you are in violation of the DWI laws in Texas. Can you refuse to submit to a breathalyzer test? How do the Texas “implied consent” laws apply to such a situation?
What Is Implied Consent in Texas?
In Texas, as in many states, your license to drive includes rules that you consent to submit to a breathalyzer or BAC test. That does not mean, however, that the officer can force you to submit to the test. It does mean, though, that there will be specific consequences if you refuse to comply, such as the suspension of your license.
When Can a Police Officer Request that You Submit to a Breathalyzer Test?
The officer must have probable cause that you are under the influence of alcohol or drugs in order to ask that you submit to a BAC test. That may be based on your driving, but it can also come from other observations, including your speech, breath or even visible evidence of alcohol or drugs in the car. If you are arrested for DWI, the officer can also (and increasingly does) seek a judge’s approval through a warrant to draw your blood.
Can You Refuse to Take the Test?
Yes. You always have the right to decline the blood alcohol test, though there may be consequences. If it’s your first refusal, though, your driving privileges will automatically be suspended for 180 days. Subsequent refusals can lead to the loss of your license for up to two years. In addition, you’ll have to pay a fee to have your license reinstated. In Texas, with limited public transportation, this means you will either fight the suspension or seek a temporary occupational” drivers license.
Can Your Refusal to Take the Test Be Used Against You in a Criminal Proceeding?
Yes. A prosecutor may introduce your unwillingness to submit to a breath or blood alcohol test as evidence at your trial.
Contact The Loftin Firm for Experienced Criminal Defense
Good results don’t just happen. They’re a product of experience, skill, knowledge and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, Trey has been on all sides of most criminal matters, including DWI and DUI charges and can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call the office at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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