In the state of Texas, you do not have to consent to take a breath test if you are suspected of driving under the influence.
Are Breath Tests Always Accurate?
No, not all the time. There are inaccuracies, and even if your breath alcohol limit is above 0.08% (the legal limit), it still doesn't prove you're guilty. In fact, sober drivers fail the test all the time. The machines used by law enforcement measure the amount of alcohol in your airway, not your blood or brain. That's a problem. And there are also so many other factors that can impact the breathalyzer results.
With those factors and inaccuracies in mind, prosecution requires legitimate proof that you were intoxicated while you were driving.
No, not all the time. There are inaccuracies, and even if your breath alcohol limit is above 0.08% (the legal limit), it still doesn't prove you're guilty. In fact, sober drivers fail the test all the time. The machines used by law enforcement measure the amount of alcohol in your airway, not your blood or brain. That's a problem. And there are also so many other factors that can impact the breathalyzer results.
With those factors and inaccuracies in mind, prosecution requires legitimate proof that you were intoxicated while you were driving.
What Are the Consequences of Refusing a Breath Test
Yes, there can be consequences, just like refusing to take the field sobriety exercise. After an arrest, the officer can eventually get a warrant to sample your blood, and your driver's license will automatically become suspended. But you can't let law enforcement intimidate you. As your attorney, I can contest the suspension of your driver's license and build a case against the State.
Don't be scared of an arrest. An arrest isn't a conviction. It isn't proof of guilt. Call me today, and I will pick apart every detail of your DWI charge and help you get back to normalcy.
Yes, there can be consequences, just like refusing to take the field sobriety exercise. After an arrest, the officer can eventually get a warrant to sample your blood, and your driver's license will automatically become suspended. But you can't let law enforcement intimidate you. As your attorney, I can contest the suspension of your driver's license and build a case against the State.
Don't be scared of an arrest. An arrest isn't a conviction. It isn't proof of guilt. Call me today, and I will pick apart every detail of your DWI charge and help you get back to normalcy.