Protecting People Who Refused Tests For DWI In Texas
While implied consent laws do mean that people automatically agree to submit to sobriety testing when pulled over with probable cause, there is a certain degree of flexibility when it comes to refusing a sobriety test in Texas. DWI arrests, charges and testing are complicated parts of the criminal justice system, and there are extenuating circumstances, varying factors and other less-than-clear aspects of a DWI.
Is It Legal To Refuse A Breathalyzer Or Field Sobriety Test?
Yes. There are not explicit laws against refusing a breathalyzer test or a field sobriety test. You are legally allowed to decline to take one when asked by the police.
What May Be The Consequences Of Refusing A Test In Texas?
When Might Refusing A Test Be In The Best Interest Of Someone Suspected Of Drunk Driving?
If there are negative consequences, like having your license suspended, why would someone refuse a sobriety test in the first place? There are, in fact, a few reasons to refuse a test after being pulled over. If you fail a breathalyzer test, that is often proof enough to be convicted of a DWI. There are possible defenses, but failing a breathalyzer test after being pulled over is a significant blow to your case.
Field sobriety tests are also often more inaccurate. The guidelines of a field sobriety test can be difficult to pass even for someone who is completely sober. Refusing one of these tests can also give you a better case, as failing one can also be used as evidence during your case, even if it was inaccurate.
In some other cases, refusing a field sobriety test or breathalyzer test can give people a chance to sober up. If you think you are on the border of being within the legal limits, delaying the test while you’re taken into custody can give you a better chance of passing a breathalyzer. It can buy you time to get some alcohol out of your system.
It is not legal to refuse a chemical test while you are in police custody, but at this point, you may request to speak with an experienced attorney.
Contact An Attorney As Soon As Possible
Refusing a sobriety test comes with consequences, but it can make a difference in some cases. However, it’s crucial that you have experienced legal representation when taking this route. A DWI attorney with the right experience will understand how to navigate the different circumstances that occur when you refuse a test. At Ramos & Del Cueto, our criminal defense attorneys have decades of experience in DWI cases. We know what to do in these challenging situations.