Breathalyzer Refusal

the experienced counsel you need

By driving on Texas roads, you have given your implied consent to take field sobriety and/or blood alcohol content (BAC) tests if an officer pulls you over on suspicion of drunk driving. However, you can refuse to take the tests and you can request an attorney before you do.

At the Rosales Law Firm, we have helped hundreds of people who have been charged with driving while intoxicated (DWI). As former prosecutors, we understand every detail of DWI cases from both sides. You can rely on our knowledge and experience.

Contact us today online or by telephone at 915-219-5516 to discuss refusing a Breathalyzer test. Our DWI defense attorneys represent clients throughout El Paso and surrounding areas, including military members stationed at Fort Bliss.

should you refuse the test?

There are pros and cons to Breathalyzer test refusal. If you do not take the test, that leaves the prosecution with little evidence against you. They will have to rely on officer observations and any field sobriety tests you took. You may have a better chance of avoiding a DWI conviction.

However, the initial penalties for refusing a breath test are harsher than those for taking the test.

  • Your driver's license may be suspended for 180 days to two years for a first offense if you refuse the test
  • But, your license may be suspended for only 90 days to two years for a first offense if you take the test and fail

Your license will be subject to suspension in either situation. You have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension and argue for an occupational license. We can represent you at the hearing.

call for a free 30-minute consultation · el paso breathalyzer dwi lawyers

Contact our office or call 915-219-5516 today to discuss your case. We are available during regular business hours and by appointment at other times. We accept all major credit cards for your convenience.

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