Breath Test Refusal And Breath Test Failure

Two of the most common issues that those charged with a DWI face are failing the breath test or refusing to take the breath test.

If you refuse this test, law enforcement may get a warrant forcing you to take a blood test. If you take the breath test and fail, you will face a shorter suspension than if you refused it (90 versus 180 days). Because it is not a criminal charge to refuse, it can be advantageous to refuse outright. In either case, it may be possible to obtain an occupational driver's license (ODL) or to fight the charge based on the fact that:

  • The test may have been incorrectly given
  • The machine may not have been correctly collaborated
  • The test may not have been administered in accordance with process
  • A health condition may have impacted the result
  • The police had no probable cause for the stop

Fail Or Refuse Breathalyzer?
Call An Attorney At Jack Byno & Associates At 817-685-0912

It is important to take decisive action as you have 15 days to request an administrative hearing. We will do everything possible to protect your rights and well-being from the moment you get in touch.

Contact me, a Dallas-Fort Worth DWI attorney, today for a consultation about DWIs. Our lawyers represent clients in Tarrant County, Dallas County, and cities throughout North Texas.

Fines and court costs are not included in fees for legal representation.