Penalties for Refusing a Breathalyzer Test

In the state of Texas, much is often made of the ‘right of refusal’ or the right to refuse to submit to field sobriety tests. This right does exist for anyone over the age of 21 who is not on parole, but there are certain penalties is store for those who choose to further refuse investigation by denying the police the ability to take a breath or blood test.

When a driver suspected of DWI refuses a field sobriety test, they will most likely be arrested and taken to the county or city jail for processing. The right to refuse grants you protection against incriminating yourself of wrongdoing, but it does not guarantee that you will not face arrest.

Escalating Penalties

The refusal of a breath or blood test does not imply guilt in a DWI case, but it does carry its own penalties independent of such a charge. If you choose to refuse, you can expect the following:

  • First offense: License suspended for 180 days
  • Second offense: License suspended for 2 years
  • Third offense: License suspended for 2 years

When faced with a DWI charge, it will be up to you to weigh the potential cost of refusing to take a breath or blood test. In some cases, the penalties for refusal may be rescinded if you are able to prevail in your criminal case.

Contact Us

When charged with DWI, it is imperative to immediately seek skilled legal representation to effectively defend your rights and interests. The Dallas DWI defense lawyers at the Law Offices of Mark T. Lassiter have a proven record of successfully defending cases just like yours. Contact us by calling (214) 845-7007 today to begin working on your case.


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