El Paso DWI Attorney
There is a common myth that refusing to take a field sobriety test or a breath test is essentially pleading guilty. This is simply not true. In fact, refusing to take these tests may be your best option.
My name is Mark T. Davis, and I have nearly 20 years of experience as an El Paso DWI lawyer. I understand how stressful it can be to face criminal charges, and I know that for many people, a DWI charge is their first contact with the justice system. When you come to my office, you can be confident that I will do everything I can to protect your rights, from helping you stay out of jail to keeping your driver's license.
To schedule a consultation with me to discuss your specific needs, call 915-603-5863, toll free 877-733-0243 or contact my law firm online.
Refusing a Field Sobriety Test
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 you should know that 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.
Refusing a Breath Test
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. The benefit 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.
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.
Contact an El Paso DWI Lawyer Today
I am ready, willing and able to go to work for you today. If you have been arrested or are under investigation, call 915-603-5863, toll free 877-733-0243 or contact me online to schedule an appointment. Services are available in English and español and I serve clients throughout El Paso County.
