Jump To Navigation

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.


What my clients are saying:
  • We are not a rich family, we are not a poor family, we are somewhere in between. We are not perfect, none of us are perfect. The only perfectness is God. Sometimes negative and positive things happen in our lives, like a rollercoaster it has its ups and downs. This time it was my turn and ...
  • I am an over the road truck driver and I was worried when I needed a family law attorney because I didn't know how I would find a good one in a city where I knew almost no one. I contacted Mark T. Davis and he handled my case in a town about 100 miles outside ...
  • I was involved in a motor vehicle accident with a stopped police vehicle after leaving a bar on a Friday night. After being arrested and charged with DUI, I feared that life as I knew it would never be the same. I contacted several attorney's fully intending to meet with several ...
  • I needed a family law attorney who would fight for my father's rights. After searching the internet, the only attorney that came up time and time again was Mark T. Davis. I contacted Mark T. Davis when a custody battle erupted in El Paso. Just the cost of travel from St. Louis to ...
  • When I found myself fighting for custody I found Mark T. Davis. He brought all the resources together to make for a win, the expert witnesses, fact witnesses and the legal research. It was a pleasure to watch him work in court because when I saw his command of the courtroom ...
  • When I needed a lawyer in El Paso I became very concerned that it would be difficult or impossible to find one that would pay attention to my case, knowing that I was on the other side of the world. What I found in Mark Davis and his staff was a commitment to me and my case that didn't ...

Start the process to solving your legal issues. I can help. Contact my office today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close