After A Breathalyzer Or Field Sobriety Test Refusal
At a TX traffic stop, if law enforcement suspects a driver is under the influence, they may ask the vehicle operator to take field sobriety tests or blow into a breathalyzer. If you are ever in this situation, you may have been tempted to refuse, but it’s important to understand that this decision comes with potential ramifications.
To explore the legal consequences of refusing sobriety tests and the impact that a refusal can have on a drunk driving case, talk to a Houston DWI lawyer.
What to Do If You Refuse a Test
The state has an implied consent law, which means that by obtaining a Texas driver’s license, you have implicitly agreed to submit to chemical testing if a law enforcement officer suspects you of driving under the influence. Because of this, refusing a breathalyzer or field sobriety test can result in an automatic suspension of your driver’s license.
Plus, refusing tests can complicate your legal situation. For example, a refusal can be used as evidence against you in court. Prosecutors may argue that your refusal indicates consciousness of guilt, potentially making it more difficult to defend against the charges. Also, refusal does not prevent the state from obtaining other evidence of intoxication, such as officer testimony, dashcam footage, and witness statements.
If you have already refused a breathalyzer or field sobriety test and aren’t sure what steps to take next, the following actions may assist.
- Request a hearing. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest the automatic license suspension. Failure to request this hearing means an automatic suspension of your license will be in place.
- Document everything. Take note of all details related to your arrest, including the behavior of the arresting officer, the time and location of the stop, and any interactions you had. This information will likely be necessary as you move to build a defense.
- Consult a skilled attorney. Talk to a lawyer who has a background defending individuals charged in DWI cases as soon as possible. An experienced attorney can guide you through creating a defense and protect your rights.
Connecting with legal representation early is crucial as a lawyer can provide support at every state of the process. For instance, your lawyer can represent you at the ALR hearing, challenging the suspension of your driver’s license. They may be able to present evidence and arguments to show that the suspension is unwarranted.
Plea Deals and Court Representation
If appropriate, a Houston DWI lawyer can negotiate with prosecutors to reduce charges or penalties, potentially avoiding a conviction. And should your case go to court, an attorney will advocate on your behalf, presenting a robust defense and challenging the prosecution’s evidence.
Is a favorable outcome possible after turning down a breathalyzer? If you were pulled over because a police officer suspected you were drunk driving and you refused a sobriety test, act quickly. Don’t hesitate to seek professional legal assistance to protect your rights and future. Contact Ayson Law for a confidential consultation.
