If law enforcement officers pull your car over in Texas, and they suspect you of driving while intoxicated, they may demand that you take a breathalyzer test. They might try to intimidate you with the implied consent law, which means that only by driving on a public road in Texas, you have already agreed to submit to a chemical test.
However, you still have the right to deny testing, and the almost unilateral recommendation is to refuse. Even if you have not had a drop of alcohol, many other factors could affect the results and give a false positive, according to WebMD. The device may contain outdated software, or it could need calibration. Sometimes, medications and other products contain enough alcohol to show up on a breathalyzer test.
What happens if I refuse the breathalyzer?
Even if you refuse the breathalyzer if the officer has probable cause, it could still lead to an arrest. Fortunately, without the evidence of a breathalyzer test, you will likely be released relatively quickly. The prosecutor will not have scientific proof of your blood alcohol content at the time of your arrest, and that could help you at trial.
Refusing to take the test will result in an automatic suspension of your driver’s license for up to 180 days for your first offense. You then have 15 days to appeal the suspension by filing for an administrative license revocation hearing if you choose.
What happens if I submit to the breathalyzer?
If you blow a BAC level over .08, it is grounds for an automatic DWI arrest. The state will suspend your license for six months, and the test result could count as evidence against you for the prosecution.