Breath Test Refusal Attorneys in Kaufman, Texas
Understanding your rights and the legalities surrounding breath test refusal is crucial when faced with a DUI or DWI charge. It is important to be aware that in some jurisdictions, refusing a breath test can result in immediate license suspension, and it may also be used as evidence against you in court. Knowing the potential consequences of refusing a breath test can help you make an informed decision and navigate the legal process more effectively.
At Harrell & Paulson, we've handled numerous DWI cases involving breath test refusal and are prepared to defend your rights both in and out of the courtroom. Our experienced attorneys are ready to guide you through this process, helping you make informed decisions every step of the way. Call us in Kaufman, Texas, to request a free case consultation and learn about your options. No matter what, our firm is committed to protecting your rights and working tirelessly to achieve the best possible outcome for your case.
Can I Refuse a Breath Test?
One question we often hear from those facing a DWI charge is: "Can I refuse a breath test?" In Texas, the law operates under the principle of implied consent. This means that by obtaining a driver's license, you've already given your consent to submit to a breathalyzer test if you're suspected of driving under the influence.
While you do technically have the right to refuse a breath test, it's crucial to consider the potential consequences before making your decision.
Understand Your Rights
Consequences of Refusing a Breathalyzer Test
Refusing a breathalyzer test in Texas can have significant consequences. By refusing the test, your driver's license may be automatically suspended, regardless of whether you are ultimately found guilty of a DUI. This can result in significant challenges and limitations in your day-to-day life, such as difficulties commuting to work or fulfilling other obligations that require driving.
Your driver's license can be suspended for anywhere from 180 days to two years. The length of the suspension varies depending on several factors, such as whether it's your first offense or if you've previously refused a breath test.
In addition to the license suspension, refusing a breathalyzer test can also negatively impact your court proceedings. Prosecutors may argue that your refusal indicates guilt, which could potentially weaken your defense. Our knowledgeable DUI lawyers are ready to assess your case and craft a strong defense strategy tailored to your unique circumstances.
What if the Testing Equipment Was Faulty?
There may be instances where individuals refuse a breathalyzer test due to concerns about the accuracy or reliability of the equipment. For example, there have been cases where faulty or improperly calibrated breathalyzers have produced inaccurate results. In such situations, it's crucial to discuss these concerns with your attorney so that your rights are protected, and appropriate steps are taken to address any potential inaccuracies in the test results.
Our criminal defense attorneys can investigate your arrest circumstances and determine if there are grounds to challenge the validity of the breathalyzer test results. We’re experienced in working with field experts to assess equipment accuracy and can effectively raise doubts about its reliability in court.
Next Steps When You’ve Been Arrested for DUI/DWI
If you've been arrested for DUI and refused a breathalyzer test, it's essential to take immediate steps to protect your rights.
First, it's important to remember to remain calm. It's natural to feel anxious or scared during an arrest, but try to keep a clear head. Remember, anything you say can be used against you in court. So, it's best to exercise your right to remain silent until you have legal representation present.
Then, get in touch with a DWI lawyer as soon as possible. Our experienced attorneys, C.R. Harrell and David Paulson, are ready to help you navigate this challenging situation. We'll provide you with the legal advice you need and represent your interests to the fullest extent of the law.
Next, begin gathering any information related to your arrest. This could include details about where and when the arrest occurred, the officers involved, any witnesses, and the circumstances leading up to your arrest. This information can be crucial in building your defense.
Lastly, remember that an arrest is not a conviction. There are many potential defenses for DUI/DWI charges and we'll work tirelessly to explore all available options for your case. From questioning the reliability of breathalyzer results to challenging the legality of your traffic stop, we're committed to providing you with the best possible defense.
We know that being arrested for a DUI/DWI charge can be a stressful and confusing time. Don't face this alone—let us help you challenge your charge and protect your freedom. Schedule a free consultation today to discuss your case.
Breath Test Refusal Attorneys in Kaufman, Texas
At Harrell & Paulson, our experienced attorneys are committed to helping you navigate the complexities of a DUI charge. We understand the uncertainty these situations can bring, and we're here to provide the representation you need. If you're facing charges related to breath test refusal, don't hesitate to reach out to us. From our Kaufman office, we're here to help those throughout the surrounding communities of Forney, Terrell, and Rockwall, Texas.