What if I refuse the breathalyzer?

I refused the breath test. Did I make a mistake? At the Jim Ross Law Group, P.C., this is a question that we commonly receive from clients. It can be difficult to know if you made the right decision. Many of our clients are people who have never had legal problems before their DWI arrests. They wonder if they made the consequences worse for themselves by refusing to blow.

At the Jim Ross Law Group, we are familiar with the components, strengths and flaws of the Intoxilyzer 5000 breath test machine (the “Breathalyzer”), so we can answer your questions and help you understand the charges you face. Whether you refused or failed a breath test, one thing is clear: You need an experienced lawyer to help with your DWI/DUI defense.

Our attorneys use years of experience and in-depth knowledge of the law to represent people who have been accused of drunk driving. One of the key things that we examine when preparing an effective DWI defense is the Breathalyzer test results. These results are not always accurate. For example:

  • The test may have been incorrectly given.
  • The Intoxilyzer 5000 may have been incorrectly calibrated.
  • The breath test may have been given at the wrong time.
  • A health condition may have impacted the Breathalyzer results.
  • The test may have been given after an illegal stop.

Texas DWI Law And Refusing The Breathalyzer Test

Under Texas law, you have 15 days from the date you received a notice of suspension to request an administrative license revocation (ALR) hearing. This means that you have 15 days to save your license. Failing to request the hearing will mean driver’s license suspension for 90 days if you failed a breath test, 180 days if you refused the test or even longer if you have a prior DWI.

While the law states that your refusal can lead to an automatic driver’s license suspension, the refusal may not be used as evidence against you during a criminal trial. In fact, a breath test refusal gives the prosecutor no results to use against you. Many people consider it to be a good decision, especially when the charges are serious ones.

Call Our Arlington Breathalyzer Refusal Attorney

If you have been accused, get our legal team on your side as soon as possible. Let us protect your rights and your freedom. Call us now for a free and confidential case evaluation. Our Arlington breath test refusal attorneys are available at 817-275-4100. You can also contact us online.

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