As a driver in Texas, your maximum legal BAC (Blood Alcohol Concentration) limit is 0.08 percent. If a DWI breath or blood test shows that you were operating a vehicle with a BAC exceeding Texas breathalyzer limits, then you may receive additional charges for DWI. If you refuse a breathalyzer test in Texas, you will face legal consequences. Let’s look into how breathalyzers function and examine your legal rights in this situation.
How Does a Breathalyzer Work?
A breathalyzer is a testing device that measures the deep lung alcohol concentration in your breath. While many people mistakenly assume that these devices test the level of alcohol in their bloodstream, they only measure the alcohol in your breath.
Police officers receive training to operate a breathalyzer. During a test, you blow through the device’s disposable tube for a few seconds until you exhaust the air in your lungs. This examination provides an instant reading of your alcohol concentration level.
Refusing a Breathalyzer Test in Texas
When you receive your driver’s license in Texas, you are giving your implied consent to a blood or breath test. This requirement occurs only after your lawful arrest for DWI. Before your arrest, refusing a breathalyzer test, blood test, or field sobriety test is your legal right. Even after your DWI arrest, you could refuse to submit to a BAC chemical test. However, there are penalties for refusing these tests.
Consequences of a Refusal
If you refuse a breathalyzer test in Texas, the Texas Department of Public Safety will try to suspend your driver’s license. The length of this suspension will depend on whether you have refused or failed the test for the first time. After the first refusal, they can suspend your license for 180 days. If you refused to test within the last 10 years, they can suspend your license for up to two years.
Breathalyzer Test Without Consent
If the police have a reason to believe that you were driving in a public place while intoxicated, then they can request a breath test. If you refuse, they can get a warrant for your blood.
Failure of a Breathalyzer Test in Texas
Breathalyzer readings, just like any other machine, are not perfect. Numerous factors can cause breathalyzer BAC measurements to become questionable. For instance, a breathalyzer requires careful calibration to make sure that it is reading accurately. This manual adjustment is just one reason why these machines are untrustworthy. An experienced DWI attorney can objectively evaluate all the facts of the case and challenge the breathalyzer results.
Enlist the Services of a DWI Defense Attorney
Are you facing charges after taking a breathalyzer or blood test following a DWI arrest? An arrest doesn’t mean you’re guilty. Your case can be fought. Flood and Associates is a team of dedicated DWI defense attorneys that will fight tooth and nail for a victory on your behalf. Contact us 24/7, 365 at 713-224-5529 to request a free case review.
