Any time an officer pulls you over, they assess whether you are under the influence of drugs or alcohol. If law enforcement thinks you may be driving while intoxicated, they may ask you to test your blood alcohol level with a Breathalyzer or other device.
As a Texas driver, are you required to take these tests, or can you refuse?
What does implied consent mean?
Texas abides by an implied consent law, which states that you automatically agree to one or more blood alcohol tests when an officer identifies cause to issue a DWI charge. This law applies to people with Texas driver’s licenses and out-of-state drivers. Your choice to drive on roads in this state gives your consent.
Can you decline to take a breath or blood test?
You can refuse to submit to testing during an arrest, but you may face additional legal penalties, such as a license suspension of 180 days. It is crucial to note that law enforcement must have probable cause to make the arrest.
What happens if you fail a blood alcohol content test?
You still have defense options in your case, even if you fail a BAC test. Depending on the evidence and circumstances of your case, you may have multiple reasons to dispute the test results. Any test administered by a person is subject to potential mistakes or flaws, such as:
- Incorrect administration of the test
- Uncalibrated equipment or faulty calibration
- Lack of regular and necessary device maintenance
- Inaccurate identification of substances
- Mishandling or mislabeling of evidence
It is crucial to understand the laws in Texas both during and following a DWI arrest to defend yourself against drunk driving charges.