Texas DWI Breath Test Refusal

If you have recently been pulled over for driving while intoxicated and refused to take a breath test, you should contact an experienced DWI attorney as soon as possible.A Texas breath test refusal will lead to your driver’s license being suspended for at least 180 days.

Why will your license be suspended for so long just for refusing to take a breath test? Because of Texas’s Implied Consent laws which say that if a driver is arrested for an offense that occurs when operating a motor vehicle, he or she must automatically consent to taking a breath or blood test to determine his or her BAC (blood alcohol content). You give your consent for these tests when you sign up for your driver’s license.

When you are arrested for drunk driving and refuse to take a breath or blood test, you face an administrative penalty. The penalties for refusing to take a BAC test are in addition to the normal penalties for DWI. Even if you are not convicted of DWI, you are still subject to the administrative penalties.

For a first-time breath test refusal, your driver’s license will be suspended for 180 days. For a second offense within 10 years, your driver’s license will be suspended for 2 years.

It is important to know that even if your license is administratively suspended for a breath test refusal, you are eligible to apply for an occupational license. This limited license allows you to drive to and from work and other necessary locations.

Choosing whether or not to take a BAC test is a tough choice. If you refuse to take a breath test, you will face tough penalties. There are many DWI lawyers who recommend that you refuse to take the breath test unless you are certain that your BAC is below the legal limit (0.08 percent in Texas). In some cases, you may be able to avoid a DWI conviction since the prosecution has no evidence of your BAC. The penalties for a refusal are also less than for a DWI conviction, especially since you may be granted an occupational license. However, if you are found guilty of DWI, you will face your breath test refusal penalties in addition to the DWI conviction penalties.

If you have recently refused a breath test in Austin, TX, Attorney Ken Gibson can help you. He has a proven track record of defending clients who have been charged with DWI. Contact Attorney Gibson today for a free, no-obligation DWI case evaluation.