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Refusing to take a Breathalyzer test may create legal troubles

On Behalf of | Aug 24, 2020 | Criminal Defense

With probable cause, the police could pull a vehicle over to see if the driver is under the influence. A field sobriety test might soon follow. The police may even ask the driver to take a Breathalyzer examination. Some drivers take the test without a second thought, and others might wonder if they should do so. Refusing to take a Breathalyzer test in Texas, however, might lead the driver to further legal troubles.

Many people have no idea that driving comes with “implied consent” issues. They don’t understand that driving in a particular state means they automatically must consent to a breath test. Drivers might also automatically consent to blood or urine tests. In Texas, the “Administrative License Revocation (ALR)” rules come into effect with the refusal to take a breath test. A license suspension then follows.

Visitors to Texas find themselves under the Lone Star state’s jurisdiction. Even if another state issued their licenses, drivers must abide by Texas law when in the state. An officer will confiscate the license of a driver who won’t take the test.

Also, someone who is not intoxicated will still face penalties for refusing to take the breath test. Someone who is under the influence may face compounded charges and penalties. A DUI sentence enhancement might be tacked on to the charges. That means penalties, including fines, may increase.

Remember, with DUI incidents, the authorities concern themselves with public safety. Stiff laws could discourage someone from driving after drinking. However, not everyone is aware of the law, his or her rights or implied consent statutes. Errors based on lack of knowledge or poor judgment could lead to a tough time in court.

Implied consent laws mean refusing to take a Breathalyzer test is ill-advised. Those who find themselves dealing with DUI and related charges might wish to speak to a criminal defense attorney.


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