Can You Refuse a Sobriety Test in Texas?

DWIs are a very common cause of arrest in Texas. Unless you’re an obviously dangerous drunk driver, your sobriety level will probably be measured with a breathalyzer or field sobriety test. But is it possible to refuse sobriety testing? What are the consequences of doing so?

At ABC Bail Bonds, we care about educating you to help you navigate the legal system with ease. Here’s everything you need to know about refusing a sobriety test in Texas. 

If you or a loved one has been arrested on a DWI charge in Harris County, ABC Bail Bonds can help. Call or visit our website to get help whenever you need it.

Why Someone Might Refuse a Breathalyzer

There are a few reasons why you might choose to refuse a breathalyzer test. It’s possible that you were completely sober and your driving was due to sleep deprivation or a medical condition. There’s no BAC report that can guarantee you were intoxicated at the wheel, and breathalyzers can show a false positive if, for example, you used mouthwash in the last hour. 

It’s typically best to agree to the breathalyzer if you know you aren’t intoxicated, but you can also refuse the test as long as you’re aware of the penalties you might encounter.

Possible Penalties for Refusing a Breathalyzer

If you refuse to take the breathalyzer, the officer will most likely respect your decision and warn you of the consequences. You will be fined, you will face jail time if you’re convicted of a DWI, and you could lose your license for up to 180 days. 

Your refusal can also be used against you in court, and it won’t make you look very good. If you don’t want to risk facing these consequences, your best choice is to take the breathalyzer. In most cases, refusing a sobriety test isn’t worth the penalties.

Can you be Forced to Take a Breathalyzer?

There are a few circumstances that make it impossible to refuse a breathalyzer or sobriety test. If you were in an accident that caused serious injuries or death, you cannot refuse a sobriety test. Sobriety testing also becomes mandatory if you’ve ever been convicted of intoxication assault, intoxication manslaughter, 2 DWIs in the past, or 1 DWI with a child in the car. 

In these cases, your BAC becomes an important piece of evidence and you have no choice but to take the test. If you’re arrested, call a bail bond agency and an attorney as soon as possible. ABC Bail Bonds can post bail anywhere in Harris County, so call us when you’re in trouble.

Get Out of Jail Fast With ABC Bail Bonds

ABC Bail Bonds is available 24/7 to post bail for you or your loved one anywhere in Harris County. Out talented bail bondsmen are happy to give you all the help you need to successfully navigate the legal system. If you can’t afford your bail, let us know so we can set up a payment plan right away. Call or visit our website to get in touch with one of our experienced bail bondsmen today!

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