If you’re pulled over in Fort Worth and asked to take a breathalyzer test, the answer you provide straightaway could have adverse legal implications. Being intoxicated while driving poses serious legal consequences, and the outcomes are not pleasant if one has to face them. Most drivers who get stopped by law enforcement often wonder if there is a way to opt out of taking the breathalyzer test.
Though most people would want to say no, one must consider the legal aspect of refusal in Fort Worth. In this piece, we will uncover the consequences of not taking a breathalyzer test along with the importance of having a Fort Worth DWI Attorney in those moments, as you will see later.
Implied Consent Law in Texas
Texas has what most legal professionals refer to as an “Implied Consent” regulation. When applying for a driver’s license in Texas, you agree, by default, to take a breath test or a blood test if you are lawfully placed under arrest for DWI. That indicates that even by just driving in the state, you have consented to being tested, given certain conditions.
In case law enforcement has reasonable suspicion that you are driving under the influence, then they can ask you to take a breathalyzer test. If you are arrested on account of DWI, then it is mandatory that you comply with the law. However, if you don’t take the test, then there are severe repercussions, even if you are not proven to be guilty of DWI.
What Happens If You Refuse the Breathalyzer Test?
When someone decides to skip a breathalyzer test in Fort Worth, he or she might have to deal with automatic consequences. These penalties are distinct from any DWI conviction. Therefore, even in a scenario where you are not convicted of DWI, choosing to remain silent and not take the test can work against your case.
- Automatic License Suspension
Texas laws require that refusal to submit to a breathalyzer test results in an immediate suspension of your license. This period of suspension varies according to whether it is the first time you have committed this offense or whether it is a repeated offense. For first refusals, the individual’s driver’s license is subject to suspension for the next 180 days. If this is the second or any subsequent refusal, then the individual’s license may be suspended for up to two years. - Increased Penalties for DWI Conviction
Refusing to take a breathalyzer test means that if you are found guilty of DWI, the repercussions might be far harsher than if you had complied with the test. Qualifying penalties for DWI offenses ranges from monetary charges to loss of driving privileges to imprisonment. Choosing not to take the test may affect the outcome of the judge’s ruling for you, and make it increasingly unappealing. - No “Guilt” Advantage
Drivers tend to think that saying no to a breathalyzer will make everything suspicious, and would work with their favor, but unfortunately that is not true. Other forms of evidence that are available will be used against you to prove that you were indeed intoxicated. Your behavior is never suitable for a courtroom, and police judgments like field sobriety assessments and eyewitness accounts create the framework of a DWI allegation with offense. - Probable Cause for Arrest
A significant detail to remember is that there is a case of being charged that stems from your refusal, and that might actually work against you. Your refusal will be noted by the officers and might provide enough reasons claiming that there was reasonable justification for your arrest. It can be a strong eluding sign that singlehandedly accepting taking a breathalyzer means you were attempting to evade the test, which makes you highly intoxicated.
Should You Refuse a Breathalyzer Test in Fort Worth?
Breathalyzer tests come along with their own set of rules and regulations. It is possible to legally decline the Breathalyzer without incurring monumental fines – but always get a lawyer’s opinion first. Make sure to reach out to a DWI attorney in Fort Worth first to get some legal backing.
In any case, forgetting the fine details is not an option. DWI Fort Worth lawyers will argue the breath test results by using the specific circumstances that surround you. After assessing your case, they will notify you of your rights and responsibilities and guide you in making the ideal choice based on the prevailing circumstances.
An Fort Worth DWI Lawyer can do the same for you, as well, and has the skills and experience needed to contest the claims against you such as field sobriety assessments, officer statements, and assuming the legal grounds for your arrest were reasonable. Attorneys can help in matters like these by negotiating the plea deal on your behalf or requesting the least penalty possible.
When You Should Consult a Fort Worth DWI Lawyer
What do you do if you are arrested on the Fort Worth DWI Attorneys You need to get in touch with a Fort Worth DWI lawyer who can assist you in order to ensure the legal proceedings go smoothly. If you were arrested in Fort Worth for DWI or refused a breathalyzer, a good lawyer will look into how best to mitigate the consequences of the DWI arrest or refusal.
If you would like further details on how they can help with other Texas DWI charges such as the refusal of a breathalyzer, you might want to check Kyle Whitaker’s Criminal Defense page. Kyle Whitaker Law can provide assistance considering the fact that everyone in the firm has defended clients in Fort Worth and in Texas for many years.
The Bottom Line
When an individual refuses the breathalyzer test after being arrested on the suspicion of DWI in Fort Worth, there can be serious implications to such behavior including loss of driving privileges and an increased punishment on conviction. In most cases, people have the freedom to refuse the test, but that is a decision which should be properly thought out and not disregarded.
A Fort Worth DWI lawyer should always be consulted to ensure that your rights are protected, and to help lessen the consequences of a DWI charge as much as possible. If you have a lawyer who specializes in DWI defense, you will have the best chances of receiving the outcome you are seeking and knowing about all your options.
