Generally, it is always in a person’s best interest to refuse a breathalyzer test if they are pulled over by law enforcement.
You are under no obligation to perform a field sobriety test, a breathalyzer test, or make any incriminating statements to law enforcement if you are pulled over and suspected of a DWI/DUI. However, if you refuse a breathalyzer test, law enforcement may be able to forcefully take your blood. Also, you can have your driver’s license suspended for up to six months if you refuse a breath test.
From early on, it is important to have an experienced Houston criminal defense attorney on your side to advise you on what you should or should not be doing in a DWI case. Attorney Brent Mayr has former prosecutor experience and he will work tirelessly to try to get you the case results you deserve. Call Brent today at (713)808-9613.
Transcription
Brent Mayr: “Do not blow” has been a common advice given by criminal defense attorneys for a long time, and generally it is always in a person’s best interest to refuse a breath test. The problem here in Texas now is that law enforcement is starting to use no refusal programs more and more often. When dealing with any time a person is suspected of a DWI, they need to know that they are under no obligation to perform any field sobriety test, they’re under no obligation to make any incriminating statements to law enforcement officers, and they’re under no obligation to take that breath test.
However a person does need to be aware that under certain circumstances, if they refuse that breath test, law enforcement might be able to forcefully take that person’s blood. They also need to be aware of the potential driver’s license consequences that come with refusing to take these tests. A person can have their driver’s license suspended up to 6 months for refusing a breath test. So from the moment the sirens and the lights come on, it’s important to be in contact with a good criminal defense attorney like myself that can advise you, “This is what you need to be doing.”