What Happens if I Refuse a Breath or Blood Test?

Refusals often affect driving privileges and trial outcomes.

A breath or blood test refusal usually, but certainly not always, means driver’s license suspension and a not-guilty verdict at trial. More on these things below.

Prosecutors have used chemical alcohol tests since the 1950s. Breathalyzers made DUI cases easier to prove, but for many years in Texas, DWI enforcement was lax, and the laws were even laxer. Today, most law enforcement offices have mandatory DWI arrest policies. If officers have probable cause, they must arrest impaired or intoxicated drivers. Furthermore, a chemical test failure is now conclusive proof of intoxication, assuming the gadget is working properly. More on that below as well.

So, whether or not you refuse a breath or blood test, a Ft. Worth criminal defense lawyer can often successfully resolve DWI charges.

License Suspension

Texas, like most other jurisdictions, is an implied consent state. When drivers sign their licenses, they agree to provide chemical samples if officers have probable cause.

The chemical test is almost always a Breathalyzer. Blood tests are generally more reliable and more accurate. However, officers need search warrants to obtain blood samples. Therefore, blood test DWI cases are usually limited to serious collision cases and “no refusal weekend” heightened enforcement campaigns.

In a nutshell, probable cause means the defendant is probably guilty. If, according to an officer, a driver “fails” the one-leg stand and other field sobriety tests, the officer has probable cause to arrest the defendant.

Drivers don’t have an absolute right to refuse chemical tests. But they do have an absolute right to appeal the resulting driver’s license suspension. If a defendant appeals the suspension, a Ft. Worth criminal defense lawyer argues the case in front of an administrative law judge. Based on the evidence presented, the ALJ can probate all or part of the suspension period, reduce it, or even eliminate it.

Incidentally, a Ft. Worth criminal defense lawyer cannot lose an ALJ hearing. If the ALJ imposes the maximum suspension period, that result would’ve happened anyway. Additionally, the hearing is a chance to cross-examine the arresting officer under oath. This discovery is invaluable in many cases.

Evidence at Trial

Without a chemical test result, prosecutors must rely on interpretive and circumstantial evidence at trial. The weaker case usually means a better result.

A refusal to provide a breath or blood specimen is admissible at trial. Prosecutors normally argue that defendants had something to hide, and a refusal is tantamount to a failure. Quite frankly, that is a pretty good argument and one that an attorney should be prepared to refute.

The conviction rate in test cases is over 80 percent. The few non-convictions usually involve technical issues with the Breathalyzer, such as a calibration or maintenance issue. Law enforcement agencies have a three-fold responsibility in this area. They must test Breathalyzers per manufacturer specifications, retain the maintenance records, and pull nonperforming Breathalyzers from service.

In contrast, the conviction rate in non-test cases is about 50%. In addition to the aforementioned indirect admission of intoxication, prosecutors use circumstantial evidence from the aforementioned field sobriety tests. Police officers always testify that defendants failed these tests, even if they score a 99 out of 100. Jurors have the last word in these matters, and their grading scale is usually different.

Connect With a Thorough Tarrant County Attorney

A breath or blood test refusal significantly affects a DWI case. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Dallas County and nearby jurisdictions.