In: Drunk Driving Charges

Can You Deny a Breathalyzer?

Many people wonder whether they can deny taking a breathalyzer test after they have been pulled over. Under Texas’ implied consent law, every driver who is lawfully arrested on suspicion of drunk driving is required to submit to chemical testing in order to determine his or her blood alcohol concentration (BAC). That said, you are allowed to refuse a breathalyzer test, but you will face certain penalties for doing so, including the suspension of your driver’s license.

Should You Refuse a Breathalyzer Test?

Whether you should refuse to provide a breath sample in a given situation depends on a number of factors, and there is never a clear-cut answer either way. It’s important to understand that refusing a breathalyzer is not necessarily going to help you avoid a conviction, as there are plenty of other ways that the prosecution can establish that you were intoxicated.  Additionally, your refusal can be used against you in court.

You Can Challenge Your License Suspension

In some cases, it may be possible to successfully challenge the license suspension associated with refusing a breathalyzer test. In order for the implied consent law to be triggered, the DUI arrest must be lawful, meaning that the arresting officer must have had probable cause to believe that you were driving under the influence of alcohol or drugs. If you can show that the officer did not have probable cause to make a DWI arrest, it may be possible to avoid the automatic suspension. Importantly, however, you only have 15 days to request a hearing, so you should contact an attorney as soon as you can after a DWI arrest.

It May Be Possible to Challenge the Results of Your Breathalyzer Test

Even if you submitted to a breathalyzer test, and the results indicated that you were over the legal limit, it may be possible to challenge the accuracy of the results. For example, there is evidence that gastroesophageal reflux disease (GERD) can result in higher-than-normal mouth-alcohol, potentially resulting in inaccurately high breathalyzer results. In addition, breathalyzer devices must be properly calibrated and used in order for the results to be accurate. If there is any evidence that the officer who administered your test did not properly calibrate the device or made any errors in the testing procedure, it may be possible to have the test results excluded from evidence. Due to the complex legal rules that affect breathalyzer testing, it’s important to always have an attorney review the facts associated with your arrest.

Learn How a DUI Defense Attorney in Denton, Texas, Can Help

If you have been arrested for DUI in Texas, it’s in your best interest to contact an experienced Denton criminal defense lawyer as soon as you can. Attorney Brent D. Bowen is a former prosecutor who is committed to helping protect the rights of people who have been accused of DUI and other crimes. To schedule a free case evaluation with Mr. Bowen,

call 940-222-2488 or contact us online. We are ready to stand up for you during the criminal justice process.