Refusal may be used to imply that a driver knew he or she was too intoxicated to pass a sobriety test. The penalties for a DWI conviction reflect the state's disdain for intoxicated drivers. In an ALR proceeding, driver's license privileges are the sole issue. Refusal or failure of a sobriety test invokes a mandatory suspension because under Texas law anyone who operates a motor vehicle on a Texas road tacitly agrees to submit to a breath or blood sobriety test if properly asked by a police officer. The penalty for refusal to take a Breathalyzer test is an automatic day suspension of driving privileges for a first-time offender, and two years for someone with previous drug- or alcohol-related contacts within 10 years of the arrest.
Texas DWI Laws and Facts
The penalty for failing a Breathalyzer is less severe, at 90 days for a first-timer and one year for contacts within 10 years. Please submit column suggestions, questions, and comments to thecommonlaw austinchronicle. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns. The material in this column is for informational purposes only.
Why Lawyers Advise You Not to Take a Breathalyzer Test
It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at or www.
Now more than ever, we need your support to continue supplying Austin with independent, free press. Not only did readers who refused testing end up with license penalties more often—they also ended up with longer ones. When readers refused a test and had their licenses restricted, those restrictions lasted Similarly, the average refuser whose license was suspended had to stay off the road for 8 months; for all other suspended readers, the period was 6 months.
What Are Chemical Tests?
Court costs, fines, fees for alcohol education, and the like were only slightly lower for those who refused testing, perhaps due to the lower DUI conviction rate for refusers. But, as a group, defendants who refused testing spent less on attorneys' fees and insurance rate increases. Why were average attorneys' fees and expenses lower for the refusal group? For whatever reason, twice as many defendants who refused BAC testing hired public defenders. Public defenders are free or low-cost for those who qualify financially.
Implied Consent and Refusing a Breathalyzer in Texas
Of course, the cost of an arrest involving refusal varied depending on the outcome. Again, the higher average increases for those who didn't refuse testing might have been due to the fact that they were convicted of DUI more often. References in this article to survey results come from Martindale-Nolo Research's DUI survey, which analyzed responses from readers who had been arrested for DUI and had researched hiring a lawyer. The names of any quoted readers have been changed to protect their privacy. References to attorney reports of fees and billing practices are based on a database of thousands of attorneys who claimed their profiles on Avvo.
If you've been arrested for driving under the influence, please consider taking our DUI survey. Your participation will help inform others facing DUI cases about their situation and options.
Skip to Main Content. While any number of factors can affect the outcome of a criminal case, our survey showed that readers who refused chemical testing were: less often able to avoid conviction altogether, and more often able to plead guilty to an offense other than DUI.
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Driver's License Outcomes for Drivers Who Refused and Drivers Who Didn't Refusing a chemical test can lead to harsher consequences when it comes to the driving privilege.