Dallas Breath Test Refusal Lawyer

When you are pulled over for drunken driving, you are asked to take a Breathalyzer or Intoxilyzer breath test. The test proves to be a real Catch-22 because no matter what you decide — to take the test (and fail) or to refuse it — you risk losing your driving license. If you might be intoxicated (have at least .08 percent alcohol in your blood), you may wish to consider refusing to give either a breath and/or blood test. While the penalty for refusing a breath and/or blood test can be 180 days for a first offense, it may be advantageous for the defense and make the case more difficult for the State to prove.

If you are acquitted of DWI/DUI, you may have the license suspension for the breath and/or blood test refusal removed from your driving record.

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Dallas Breath Test Refusal Lawyer

When you are pulled over for drunken driving, you are asked to take a Breathalyzer or Intoxilyzer breath test. The test proves to be a real Catch-22 because no matter what you decide — to take the test (and fail) or to refuse it — you risk losing your driving license. If you might be intoxicated (have at least .08 percent alcohol in your blood), you may wish to consider refusing to give either a breath and/or blood test. While the penalty for refusing a breath and/or blood test can be 180 days for a first offense, it may be advantageous for the defense and make the case more difficult for the State to prove.

If you are acquitted of DWI/DUI, you may have the license suspension for the breath and/or blood test refusal removed from your driving record.

Intoxication Test Refusal/Failure

DWI/DUI justice has become almost a puzzle in Texas courts. There are multiple types of tests that can be used in these cases and each test has different requirements that must be met in order to be allowed in court. You may be asked to take a breathalyzer, or they may request a blood test. Blood tests can be used to locate the presence of alcohol or other drugs. (Remember that DWI and DUIs aren’t limited to just alcohol.) It may be in your best interest to consider drug test refusal or alcohol blood test refusal. If you do take the tests, the prosecution mounts its case, and the defense pores over the evidence looking for vulnerabilities such as:

  • Did the field sobriety tests comply with required standards?
  • Did the state keep a second blood sample for re-testing?
  • Was the Breathalyzer working correctly?
  • Was the Breathalyzer operated by a licensed technician?

Dallas DWI Defense Attorney

When you face DWI/DUI charges, a lot is at stake. Your ability to get around, or even get to your job may be severely hampered in addition to heavy fines and limitations on your day-to-day activities. In some cases, you may also face jail time. Choose an attorney who does her job scrupulously and cares about your rights. Call Sally Goodman at 214-748-3230 or describe your situation using this online form.

325 North St. Paul Street
Suite 2030
Dallas, TX 75201