DWI if You Refuse a Blood or Breath Test?

The Martinez Law Firm, led by Houston attorney Herman Martinez — a board-certified DWI defense attorney specialist and former Harris County Chief Prosecutor — has defended thousands of clients across Texas.

Refusing a Blood or breath test defense

In Texas, the “implied consent” law means that you consent to
a test to determine the amount of alcohol in your system. The law measures intoxication by the blood-alcohol content (BAC) percentage. A measurement of .08% and above is considered over the limit. Even if you do not “feel” drunk, an officer can arrest you for being considered legally drunk. However, note an officer must have reasonable suspicion that you were driving while intoxicated to pull you over.

When you submit to the test, you have the right to request to be tested
within at least two hours of your arrest. You can even choose with a doctor
or health care practitioner to take the test for you.

How Do The Courts Convict DWI?

Although DUI refusal can leave you culpable for penalties, this cannot
be used against you should your case be brought to trial. At the same
time, prosecutors may still have mounted enough evidence for a conviction. There may also be reasons why a chemical or blood test could not be obtained at the time of the arrest.

These are some examples:

• The judge ruled that the bodily fluids obtained were not admissible to trial.
• The equipment failed at the scene, and could not be used for a chemical test.
• field sobriety tests determine that your actions demonstrated intoxication.
• The officer provided testimony that persuades the jury you were driving drunk.
• You refused to submit to either a chemical or blood test.

Do I Have the Right to Refuse the Test?

It does not help with the outcome of your case by refusing a blood or breath test.

These are the penalties for refusing to submit to the tests:

• 1^st offense: 180-day license suspension
• 2^nd offense: 2-year license suspension
• 3^rd offense: 2-year license suspension

You may face numerous penalties, such as the standard
DWI penalties, which could include fines, DUI classes, probation, and even imprisonment. These will be in addition to license suspension or revocation. Therefore, it is imperative that if you are facing any DWI charge, even if you believe the evidence against you has no merit, you should fight.

We at The Martinez Law Firm are known for going above and beyond to help
our clients.
Call us today and let’s get started on building your defense!

About the author

Herman Martinez

August 31, 2015

Last Update August 31, 2015

Attorney Herman Martinez is a former Chief Prosecutor and judge in Harris County with over 25 years of experiencing helping people clear their names in criminal cases.