Jump to Navigation

Test Refusal

Your Options After Refusing a DWI Test

Should you refuse or comply with a DWI test? Only an experienced attorney with a complete understanding of the law and your particular circumstances can answer that question with any confidence. By the time I speak to a prospective client, the decision has almost always been made, and it's up to us to mitigate the legal consequences.

In Texas, by the time you are asked to give a sample for a breath test or blood test, you are already under arrest. Even if the test shows that your blood alcohol content (BAC) is under the 0.08 limit, you will almost certainly be charged with DWI anyway under the theory that you were obviously impaired, though not technically intoxicated.

The fact is you are in trouble. You need a Texas DWI lawyer with the experience and skill to fight on several fronts at once:

  • Protect your license
  • Challenge police procedure and the evidence
  • Defend your freedom and your record at trial

With over 24 years of experience and more than 500 criminal trials to my credit, I will fight for you. Call my East Texas office in Tyler at 903.596.9696 today to schedule a free and completely confidential consultation.

DWI Test Refusal and License Suspension

If you were stopped on suspicion of drunk driving and you refused to take a DWI breath test (commonly known as a breathalyzer test), you might think there's no reason to fight the suspension of your driver's license. It's automatic, right?

Not necessarily. Depending upon the circumstances of your case, you may be able to argue that the DPS has no right to suspend your license based solely on a police officer's unconfirmed suspicion that you were impaired.

Ultimately, a license suspension may be a better option than having a DWI conviction on your record forever. That does not mean you should give up without exhausting all your options. The best thing you can do right now is talk the situation through with an experienced lawyer who has successfully represented clients in DWI test refusal cases like yours. Contact me today to discuss your rights and options in a free consultation.