We Don't Back Down

Can a driver refuse a breathalyzer test in Texas?

On Behalf of | Jun 12, 2023 | Criminal Defense

Different factors contribute to driving while impaired (DWI) or under the influence (DUI) of alcohol or other drugs. These include believing you can hold your liquor or being uncertain about leaving your car in an unfamiliar location. 

If you choose to drive, the police may have reasonable suspicion to stop you. They could administer a breathalyzer test to examine your breath or blood alcohol concentration (BAC). 

But can you refuse this test? Here is what you need to know:

Are there penalties for refusing a breath test?

If you refuse a breathalyzer test or fail to complete one, your license may be suspended. The police officer will take your license and issue you a notice of suspension. They may provide you with a temporary driving permit. You will have 15 days to request a hearing. Failure to do so, the suspension will go into effect on the 40th day after you got the notice.

When the police officer requests to perform a breathalyzer test, they may inform you of the consequences of a refusal. They could warn you that it will result in an automatic license suspension. This way, you can have enough information to make a decision.

What if you don’t want a roadside test?

You have a right to refuse a test and the right to a hearing regarding any license suspension. We are ready to represent you regarding any accusation and any suspension of your license that results from your exercise of your rights.

Ramos & Del Cueto, can provide experienced and dedicated assistance if you find yourself in need of help. Call 210-761-6004 or use the form below to contact our firm immediately.