Can You Refuse a Breathalyzer Test?

 

a person drunk driving

According to NHTSA, approximately 32 people die in drunk-driving crashes across the US each day. As one of the most serious crimes in San Antonio, DWI must not be taken lightly.

People often feel anxious, stressed, and nervous when pulled over for drunk driving. What should be their next course of action? Should they take the breathalyzer or refuse it?

In this article, criminal defense attorney George A. Scharmen offers a closer look at the right way to handle a request to take the breathalyzer.

1. The Basics: Can I Say No?

During a regular DWI stop in San Antonio, officers generally request a preliminary alcohol screening (PAS) test. This is commonly performed with a handheld breathalyzer. It’s important to note that taking a breathalyzer test is not required; it’s completely voluntary. Refusal will not affect your driving privileges.

However, this is a slippery slope.

There are consequences. If you refuse to take the test, you will be subjected to an automatic 180-day driver’s license suspension. For second- and third-time offenders, the suspension period increases to 2 years. Your refusal will also be used against you in court. In many cases, refusal is presented as evidence in court. This strengthens the state’s argument against you.

Recommended Read: Blood Testing Errors

2. What Should I Do?

a person pulled over for drunk driving

There are certain situations in which you cannot refuse to take the breathalyzer. You will be required to take the test if a serious injury or death occurs. Similarly, if you have a previous conviction for a related charge, two previous DWIs, or one previous DWI with a child in the vehicle, you will be forced to take the breathalyzer.

When these circumstances don’t apply, you should always call your lawyer. Every situation is different. It’s generally in the driver’s best interests to agree to take the test. Even if your blood alcohol concentration is equal to or more than 0.08%, your license will be suspended for 90 days (in comparison, refusing the breathalyzer will leave you with a 180-day license suspension).

Recommended Read: DWI Updates

If you were recently arrested for drunk driving in San Antonio, TX, make sure you contact an experienced, qualified, and dedicated DWI attorney at the earliest.

George A. Scharmen has extensive experience in working on DWI cases across South Texas. He builds a strong defense for his clients and fights rigorously for their freedom and future.

As a criminal defense attorney with a terrific track record, Scharmen is trusted by thousands of clients across the state. Click here to contact his team.

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