Can I Refuse To Take The Test?

You Can Refuse To Take The Breath Or Blood Test

Under Texas law, where the implied consent law is applicable, a person arrested for driving while intoxicated (DWI) may refuse to take the breathalyzer or a blood test when they are pulled over by a police officer.

Refusing to take the test can result in penalties such as:

  • 180-day suspension of your driving privileges for a first-time DWI offense
  • A two-year suspension for a subsequent arrest within 10 years if, in the first arrest you refused to submit to testing
  • The admission into evidence of your refusal to take the breath test in the subsequent DWI criminal trial.

The purpose of this admission, from the prosecution's viewpoint, is to imply to the judge or jury, that your test refusal was based on your belief that you thought you were too intoxicated to pass the test.

However, with the advocacy of an experienced lawyer, it may be more difficult for a conviction because there will be no blood alcohol evidence.

At The Law Office of Justin K. Hall, P.C., protecting your rights is at the forefront of the firm's legal representation. Call 972-587-7506 to safeguard your driving privileges.

What If I Do Submit To The Alcohol Concentration Test And Fail?

Your driver's license can be suspended for 90 days if you do submit to alcohol concentration testing and fail.

Your driver's license privileges can be suspended, and the test result may come into evidence in the criminal trial against you.

The possible suspension periods are as follows:

  • 90 days if your driving record shows no prior alcohol-related arrests
  • One year if you have a prior conviction or suspension within the preceding 10 years

Defending You Whether It Is Your First DWI Or Not

If you are convicted of DWI, the penalties increase with each occurrence. Penalties for a first conviction include:

  • A fine of up to $2,000
  • Six to 180 days in prison
  • License suspension of 90 days to one year
  • An annual surcharge for three years to retain your driver's license

A second offense doubles the fine range to up to $4,000. Additional penalties include:

  • Imprisonment for one month to one year
  • License suspension for at least one year
  • Annual surcharge for three years to keep your driver's license

If you are convicted of a third DWI within 10 years, your fine could be $10,000 along with:

  • Two to 10 years in jail
  • License suspension for up to two years
  • An annual fee of up to $2,000 for three years to retain your driver's license

Additionally, the court may order:

  • Community service
  • DWI education and treatment programs
  • Mandatory implementation of an ignition interlock device on your car

Attorney Justin Hall uses his experience to help you overcome the barriers which arise with a DWI arrest.

If you or a loved one has been arrested for DWI in Rockwall, Dallas or Collin counties, call The Law Office of Justin K. Hall, P.C., at 972-587-7506 or complete the online form.