Can you refuse breathalyzer test

You can refuse a breathalyzer or blood test in Texas, although you may face penalties as a result. In some cases, the police can obtain a sample from you, despite your objections.

When you obtain a license in the state of Texas, you consent to give a breath or blood sample upon arrest for driving while intoxicated DWI.

This is known as the implied consent law. It is important to remember that this requirement kicks in upon being lawfully arrested for DWI. Before an arrest, you can legally refuse to submit to any BAC testing — both breathalyzer and blood testing and field sobriety testing. After an arrest, you can also refuse to submit to chemical testing — a decision the police must respect in most cases. Note : You will face penalties for this refusal.

In some circumstances, the police can compel the taking of a breath or blood sample without your consent. They can do so if they have reason to believe you were operating a motor vehicle in a public place while legally intoxicated due to alcohol, drugs, or another substance and if one of the following circumstances applies to your case:. For a free legal consultation, call Vand L Rev. Updated June Published Your Privacy Rights.

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Birchfield v. North Dakota. Supreme Court of the United States. Related Articles. DUI vs. DWI: What's the Difference? Call Call now. Categories: Drunk Driving , Legislation. Tags: Blog , Driving Under Influence , Drunk Driving , refusal of breathalyzer , refusing breathalyzer , what happens if you refuse a breathalyzer. Read next Teen Drinking: Myths vs. Back to blog home. The short answer?

It depends. Should you refuse to take the breathalyzer test and your suspension is upheld after a Refusal Hearing scheduled by the DMV is completed, your ability to get a conditional license is lost.