Do I Legally Have to Take a Breathalyzer Test?

What is Texas’ Implied Consent Law?

Driving is a privilege, not a right. When an individual requests a driver's license here in the state of Texas, he or she must agree to abide by the rules of the road and adhere to all traffic and safety laws before a license will be issued. Obtaining your driver's license also means you are giving your implied consent to submit to breath and blood testing if an officer has reason to believe you have been driving while intoxicated (DWI).

Do You Have to Take A Breathalyzer Test?

While you are under no legal obligation to take a breathalyzer test or any other type of chemical test, a breath test refusal will lead to the immediate suspension of your driver's license.

As a breath test refusal cannot be used against you in a criminal court case, many people believe refusing to take a breathalyzer test means the police and prosecution will be unable to obtain the evidence they need to secure a conviction. This is not necessarily true as there are instances when the police may be able to obtain a warrant to compel you to give a breath or blood sample or gather evidence from another source. If you do agree to take a breathalyzer test, hiring an experienced DWI attorney from his firm will give you a much greater chance of being able to challenge the test results and get your case dismissed.

Over the past 16 years, Douglas W. Atkinson, Attorney at Law has successfully defended hundreds of drivers in and around Montgomery County who found themselves facing DWI charges. He is a steadfast advocate for his clients' rights and will stop at nothing to help get them the justice they deserve. He understands how frightening it can be to suddenly find yourself being questioned by police on suspicion of driving while intoxicated. Before you incriminate yourself or make a statement you cannot retract, exercise you right to remain silent and have an attorney present during all questioning.

One simple mistake may be all it takes to put you behind bars and leave you with a permanent criminal record. Do not let that happen to you. Attorney Atkinson can handle all types of DWI and other criminal charges. He can also provide legal representation both at your ALR hearing, as well as during your criminal DWI proceedings. If you have been arrested or charged with DWI, regardless of whether you took or failed a breathalyzer test, a Montgomery County DWI attorney from his firm can help. Contact his firm today so that he can advise you of your rights and begin working on your defense.