Field Sobriety and Breath Tests: Know Your Rights

There is a common myth that refusing to take a field sobriety test or a breath test is essentially pleading guilty to DWI. This is simply not true. In fact, refusing to take these tests may be your best option.

I am attorney Mark T. Davis, a skilled criminal law attorney with over 20 years of experience handling DWI cases. I understand how stressful it can be to face DWI charges. When you come to my office in El Paso, Texas, you can be confident that I will do everything I can to protect your rights, helping you stay out of jail and keep your driver's license.

To schedule a consultation with me to discuss your options, call 915-603-5863, toll free 877-733-0243 or send me an email.

Field Sobriety Test Refusals

If you are pulled over on suspicion of DWI, the officer may ask you to perform a field sobriety test. You should know that Texas law does not require you to take these tests. You are completely within your rights to simply refuse, but your refusal can be used against you in court.

If you refuse, the prosecution may have very little evidence to use against you, possibly resulting in dropped charges.

Breath Test Refusals

In Texas, breath tests are administered after the arrest. The police are required to inform you of your rights and the consequences for refusal. The main penalty for refusing a breath test is that your driver's license will be suspended for six months. Your license may be suspended even longer if this is your second or third refusal.

The benefit of a refusal is that without test results, the case against you will depend on the officer's probable cause for making the stop. By questioning the officer in court, I can often create reasonable doubt that he or she had a reason to pull you over.

Are you facing a license suspension for a breath test refusal? You only have 15 days to challenge your license suspension. Contact me today for help.

Whether you refuse the test or submit to it, it is a good idea to ask for an attorney. When you raise your right to representation, the police are required to stop questioning you until your lawyer is present.

Protect Your Driver's License. Contact Me Today to Learn How.

I am prepared to go to work for you today. If you are facing refusal charges or DWI charges, call 915-603-5863, toll free 877-733-0243 or submit this form to schedule an appointment. I serve clients throughout El Paso County, and services are available in English and español.