Let’s get this out of the way – driving while intoxicated (DWI) puts your life as well as other road users at risk. Just do not drink and drive. However, mistakes happen. It is not uncommon to find yourself driving while your blood alcohol content (BAC) level that exceeds the legal limit. And this can cause problems.
If the police have reasonable suspicion that you are driving while intoxicated, they will pull you over for further investigation. This may involve interrogations, observing your behavior and administering field sobriety as well as Breathalyzer tests. But should you cooperate with the police during a DWI investigation?
Texas is an implied consent state
Texas, just like all the other states, applies something known as the implied consent rule. Basically, this means that by obtaining a driver’s license, you are automatically granting law enforcement the consent to stop and administer a breathalyzer test should they suspect that you might be drunk behind the wheel.
Refusing to yield to a Breathalyzer test has consequences
You may turn down law enforcement’s instruction to take a Breathalyzer test. However, this is never a prudent idea. A refusal will result in an automatic suspension of your driver’s license. The decision and the duration for which you will lose your driving rights will depend on whether you are dealing with a first or subsequent refusal.
For a first refusal, your driver’s license will be suspended for up to 180 days. However, if this is your second or subsequent refusal, then your license could be suspended for up to 24 months.
The decision to yield to a Breathalyzer test is one that you should not take lightly. Find out how you can defend yourself if you are charged with drunk driving or refusing a breathalyzer test in Texas.