Should You Refuse a Breathalyzer Test for DWI?

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Should You Refuse a Breathalyzer Test? By Kelly Scott,

This article is written with the laws of the state of Texas in mind. Your local laws may vary. This advice is not from an attorney but from someone who has had the unfortunate circumstance of being stopped for DUI. You should consult with an attorney before any legal matters involving DWI.

If you refuse a breathalyzer sobriety test in the state of Texas it is likely that you will be arrested for suspicion of DUI or DWI.

If you refuse to submit a specimen of breath and possess a valid Texas Driver's License, it will most likely be suspended for 90 days.

If you do submit to a breathalyzer test and fail, the suspension will be for sixty days.

Even if you do pass the test and keep your license you still may remain in jail.

The Texas legislature has provided for a hearing on whether your license should be suspended.

However, you are rarely informed of this. If you read the fine print on your notice of suspension, you will learn that you have 15 days to request a hearing before an Administrative Law Judge.

It is unlikely that you will prevail in such a hearing though. The only purpose of the hearing is to determine if in the opinion of the arresting officer you were driving while intoxicated. Also, his presence in court is not even required. Only his arrest report stating that it was his opinion that you were driving intoxicated is required. You are going to lose your license most likely but you still have some options as far as being able to drive a vehicle to work or school.

You may possibly obtain an occupational License which will allow you to drive to work or to school.

This is good news so you won't loose your job but you will only be permitted to drive for no more than twelve hours per day, six days per week, four hours per day for the remaining day.

The hours you drive can be spread out over the entire twenty four hour day . The days may be any days of the week you choose. The routes you travel must be specified to the court, but this can be done in general of terms.

If you are pretty certain you are over the limit, in short, there is no real advantage to taking the breathalyzer test when it is demanded of you. It is your option to refuse the test, no matter what the police officer tells you, and suffer little consequences. It is likely to be a big disadvantage if you know that you are below the limit though and would have passed.

It is easier to be acquitted of DUI if test scores are not available as evidence against you.

Also, if you are acquitted your driver's license suspension will be overturned and your license will be reinstated.

This may be small comfort after all the thousands of dollars of expenses you have endured and in all probability will not occur before you have already served your suspension.

The best practice is not to drink and drive. Even a couple of after dinner drinks on a full stomach can be enough to put you over the limit. If you have a commercial drivers license even one beer can put you over the legal limit of .02

Designate a driver if you plan to drink or take a cab. A DUI can easily cost you as much as $15,000 in combined fines, lost work time and legal fees. That will pay for a lot of cab rides.

Driving while intoxicated is the leading cause of traffic fatalities. In my case I should have know better. My own brother is a peace officer and has seen his share of fatal accidents.

Even drivers who were barely over the limit were involved accidents causing fatalities. The good feeling you get from a couple of glasses of good wine in a fine restaurant or a couple of cocktails while celebrating a special occasion cannot compare to a lifetime of guilt from taking the life of another due to impaired judgment. Be safe and designate a driver or do your drinking at home.

Also remember that after a night of imbibing you may still be legally over the limit the following morning. If you feel seriously hung over it will impair your driving as well even if you are below the limit on a breathalyzer test you may be convicted of DUI. This applies to prescription and over the counter medications as well so be sure and follow the recommendations from your pharmacist before taking any medication and operating a motor vehicle.

You should check your local and state laws for the blood alcohol limits in your area and how refusing a breathalyzer test may affect you in your state.

Be safe and be a sober driver.