Refusal of Blood or Breath Test
Plano DWI Attorney for Cases of Chemical Test Refusal
Can you refuse to take a blood or breath test when a police officer requests
it? Yes and no.
There are consequences for refusing the chemical test, and you should know
what they are. The Zendeh Del Law Firm, PLLC in Plano is very knowledgeable
of the laws concerning
DWI and how to defend against misdemeanor or felony DWI charges. We also have
a long track record of success. If you have refused the chemical test,
it is imperative that you contact our firm immediately.
When you obtained a Texas driver's license, you agreed to "implied
consent." This means that, if you are suspected of driving while
intoxicated, you will agree to undergo testing for the purpose of measuring
your BAC level if a law enforcement officer asks you to do so. The officer
must advise you verbally and in writing that a refusal can be used against
you in court, as well as other potential consequences. If you refuse,
the law states that your driver's license will be suspended for 180
days. Also, you must be advised that, should you agree to be tested, and
your BAC registers above the legal limit, you will face a driver's
license suspension of a minimum of 90 days. At that point, the law enforcement
officer can ask you to take the test. If you refuse, you will be required
to sign a statement acknowledging that the officer informed you of the
consequences of the refusal.
Fighting Back in Cases of Test Refusal in Plano
There are other rules and penalties concerning a refusal to take a blood
or breath test, including the right to challenge a driver's license
suspension. If you were the victim of an illegal stop or other serious
error by law enforcement, there is a strong possibility that we could
take action to have the case against you dismissed, and to have your driving
privileges restored. A refusal to take a test will not protect you from
a DWI conviction. In fact, it is not always necessary to have proof of
your BAC level to be convicted.
You need skilled representation for any DWI charge. Every DWI case is unique,
and we carefully scrutinize all of the evidence surrounding your case,
including the initial police stop. Our goal is to challenge the weak points
in the case against you. Is it possible to have your case dismissed or
have the charges against you reduced? Find out from our professional
criminal defense team.