San Angelo Divorce And Criminal Defense Lawyer Serving West Central Texas

Reasons to refuse a breath test

On Behalf of | Sep 25, 2023 | Criminal Defense |

Like most people, you likely strive to make the right decisions. One decision that may come your way is whether or not to take a breath test if you’re ever pulled over for suspected drunk driving.

While the law might require you to take the test, there are some compelling reasons why you should consider refusing it.

Preserve your rights

One of the primary reasons for refusing a breath test involves to preserve your rights. By refusing the test, you exercise your right to remain silent and avoid potentially providing evidence against yourself. In addition, you can maintain a level of privacy and control over your personal information.

Address accuracy concerns

Breath tests are not infallible. They can produce inaccurate results for various reasons, including technical malfunctions, improper calibration or medical conditions. By refusing the test, you avoid the risk of being falsely accused of driving under the influence.

Understand the legal consequences

Contrary to popular belief, refusing a breath test does not automatically mean you admit guilt. You may experience administrative penalties, such as license suspension, for refusing the test. However, these penalties are often less severe than those of a DWI conviction. Additionally, if your case goes to court, the prosecution may have less concrete evidence to use against you.

Challenge the evidence

In 2021, Texas prosecutors charged 89,457 individuals with a DWI, and only released 1,824 suspects without charges. However, without concrete breath test results, the prosecution’s case against you may be weak, giving you more room to challenge the evidence and potentially secure a better outcome.

Do not take the decision to take or refuse a breath test lightly. Learn about your rights and the potential consequences of your actions. Then, carefully consider your decision to take or refuse a breath test.