What If I Refused The Breathalyzer Test?

Said 'No'?

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Refusing a Breathalyzer in Texas

There is a common myth that refusing to take a breath or blood test after being arrested for DWI is like pleading guilty.

At Crain ♦ Lewis, LLP, we believe that refusing to take the Intoxilyzer 5000 or the blood test may actually be your best decision. Under Texas law, your refusal can lead to an automatic driver's license suspension, but 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.

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Prior to administering the breathalyzer or blood test, the police are required to clearly inform you of your rights and the consequences for refusing. Whatever your decision, it is a good idea to hire an experienced DWI attorney to protect your rights. When you invoke your right to legal representation, the police are required to stop certain processes until your attorney is present.

A breath test refusal means a lack of evidence against you

By not giving the prosecutor firm test results, their criminal case will have to hinge on the police officer's probable cause for pulling you over and your actions at the scene. Both are subjective observations that can be challenged effectively. All that is required for an effective defense is to present reasonable doubt. Your attorney will be able to question the officer's ability to judge your driving habits. We can also point out the good things you did at the scene that are inconsistent with being intoxicated.

A breath test refusal may be your best option

If you decided to refuse the breath or blood test following a DWI arrest, we can help. We know that this is a difficult time for you, but we are ready to provide the aggressive and effective representation you can rely on to fight the charges.

Contact the Dallas defense lawyers of Crain ♦ Lewis, LLP right away.