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Refusal to submit to a breath test may result in an arrest

| Jun 28, 2021 | Criminal Defense

Motorists generally provide implied consent to a breath or blood test on a Texas driver’s license application. As noted in the Lone Star State’s transportation code, if an individual refuses to submit to a test, an officer may use the refusal as grounds for an arrest.

Regardless of the outcome, a motorist faces a driver’s license suspension for refusing the test, according to the Texas Department of Public Safety. An individual who submits a test and shows a blood alcohol concentration level of at least 0.08% may face a DWI conviction.

Grounds may exist to request a breath or blood test

Law enforcement may pull over a motorist violating a traffic law such as running a red light or speeding. If an officer suspects alcohol or other intoxicants contributed to the violation, he or she may request a breath or blood sample.

Signs of possible intoxication include an open alcoholic beverage container or drug paraphernalia. A prior charge for a DWI offense may raise additional suspicions that an individual is under the influence. An inability to communicate coherently may also contribute to an arrest and DWI charge after refusing a test.

Driver’s test refusal results in an arrest and DWI charge

As reported by the El Paso Times, an officer performing a traffic stop involving a local television personality detected an odor of alcohol and observed she had bloodshot eyes. The stop occurred after the officer noticed her applying the brakes abruptly and stopping past a crosswalk. After refusing to submit to a test, officers arrested her, obtained a warrant to retrieve a blood sample and charged her with DWI.

Texas motorists may find themselves arrested and charged with DWI for refusing to submit a breath sample. The refusal results in a license suspension, but an individual may contest a charge of intoxication to avoid conviction.