Refusing to Take a DWI Breath Test in Texas

Under Texas implied consent law, you are required to take a breath or blood test if asked to do so by a police officer after being pulled over on suspicion of DWI. The test must be done as promptly as possible and what type of test is done is up to law enforcement. After you submit to any chemical test, however, you have the right to get your own blood test by a doctor of your own choosing within two hours of your arrest. After any DWI arrest, you should be informed by the arresting officer of the consequences that will ensue if you refuse the test. These consequences include the fact that your refusal can be used against you in a court of law and that your driver's license will be suspended for six months. If you take the test and your blood alcohol concentration is .08 or above, you will be charged with DWI which involves a 90-day license suspension.

If you refuse to take a DWI test, you will be asked to sign a statement that you were informed of the consequences and that you refused the test. Your license will be confiscated and you will be given a temporary one. You will have 15 days to request a hearing concerning the suspension. At the hearing you can challenge the suspension.

In some cases, you cannot refuse the test. If you were involved in an accident in which someone was injured or killed you will be required to take a test. If you have two prior convictions or if you have one prior conviction in which a minor was in the car or someone was injured or killed, you will be required to take a test. If you are in an accident in which you are injured or unconscious, law enforcement also does not need your permission to have a blood test done.

DWI Attorney in Houston

Being arrested for DWI or for any other crime is often an intimidating experience, especially for those who have never been in trouble with the law before. You may have little understanding of what is being done or what your rights in the situation may be. That is why it is vital that you seek the protection, guidance, and support of an experienced and reliable criminal defense attorney.

The Martinez Law Firm, serving the greater Houston area, has the experience, knowledge, and dedication needed to help you when faced with DWI or other criminal arrests. Mr. Martinez is a former Chief Prosecutor and has more than 15 years of experience in the criminal justice system. He has achieved an impeccable 10 out 10 Superb rating by Avvo. He has also been nominated as a Top Houston DWI Attorney for many consecutive years by H-Texas magazine. If you are ready to discuss your case with a knowledgeable and competent attorney, contact the firm for a free initial consultation.