Refusing a Breathalyzer Test

Most drivers are familiar with the term “Breathalyzer” and associate it with a test to determine if someone is driving while drunk. A Breathalyzer is a device that police use to estimate a person’s mouth alcohol content, which is assumed to be an indicator of a person’s level of drunkenness. In fact, Breathalyzers can be unreliable and are not a direct indicator of how drunk a driver is. Only a blood test can be used to accurately verify a person’s blood alcohol content, or BAC, which is a measure of intoxication. Because they are not always reliable, agreeing to take a Breathalyzer can actually hurt a driver’s chances of avoiding a DWI arrest.

If you are pulled over on suspicion of drunk driving, an officer will ask you to do a number of things. He or she will likely ask you to perform a series of sobriety tests and may also search your car. In addition, you may be asked to blow into a Breathalyzer. It is important to know that you have the right to refuse to take a Breathalyzer test, and an officer cannot force you to do so. Refusing to take the test can prevent an officer from using potentially faulty evidence against you in court.

In Texas, the penalty for refusing a Breathalyzer test is typically a temporary driver’s license suspension. However, this inconvenience can be a small price to pay to not have a faulty reading used against you. A DWI conviction can have much steeper consequences than a simple license suspension and may include heavy fines, probation, or even jail time.

Contact Us

Don’t enter the courtroom feeling unprepared. If you have been arrested for drunk driving, contact the Houston DWI attorneys of Johnson, Johnson & Baer, P.C. at 713-222-0400 to discuss your case today.