If You are Sober, Can You Refuse a Breathalyzer?

In Texas, an individual may be arrested for driving while intoxicated with a .08% blood alcohol concentration (BAC). However, if you have been pulled over under suspicion of driving while intoxicated and you are sober, you may be overwhelmed and scared. Granger and Mueller's attorneys are prepared to inform you of your rights and ensure those rights are enforced.

When Can a Police Officer Request a Breathalyzer in Texas?

To be pulled over for suspicion of driving while intoxicated (DWI), the law enforcement officer must have probable cause to believe that the driver is operating their motor vehicle under the influence of alcohol or illegal substances.

Can I Refuse a Breathalyzer?

If a police officer requests that you take the breathalyzer test, then you must take it according to Texas law. This is because Texas has an ‘implied consent’ law which means that when you get your driver's license, you also agree to take a breathalyzer test upon law enforcement requesting it.

What are the Consequences of Refusing a Breathalyzer Test in Texas?

While you technically have the option to refuse a breathalyzer test, it comes at a cost due to the implied consent law. One consequence is that your license will be suspended for 180 days.

However, Granger and Mueller PC can help with this. You can request an administrative license revocation hearing to attempt to keep your license. It is important to note that this hearing must be requested within around 15 days or less from the incident. An experienced attorney can help in the following ways to prepare for the administrative hearing:

  • Gather information about the refusal;
  • Collect police reports;
  • Interview witnesses and gather witness statements; and
  • Question the law enforcement officer.

What Should I Do if I am Sober and Get Pulled Over?

If you are pulled over for a DWI in Texas, and you are sober, the most important thing to do is to remain calm and cooperative with the police officer. Follow the officer's instructions and provide your driver's license, registration, and proof of insurance if requested. It is essential to be polite and respectful to the officer, as being confrontational or argumentative can only make the situation worse.

If the officer asks you to take a breathalyzer test or perform field sobriety tests, you have the right to refuse them. However, as mentioned earlier, refusing to take the tests can result in the suspension of your driver's license, and it may be used against you in court as evidence of guilt.

If you believe that you were pulled over unfairly, or if you have any other concerns about the situation, it is important to remain calm and contact our experienced DWI attorneys as soon as possible. We can advise you on your legal rights, help you understand your options, and work to protect your interests throughout the legal process.

Granger and Mueller PC Can Help with You TX DWI Case Today

The DWI attorneys at Granger and Mueller PC can help if you refuse a breathalyzer test and are concerned about the consequences you may face. If you are facing criminal charges and need an experienced DWI attorney in Austin, contact Granger and Mueller PC at 512-474-9999 today for a free initial consultation, or email the firm.