What Happens If You Refuse a Breathalyzer Test in Texas?

DWIs are one of the biggest reasons why a driver could be arrested and require a bail bond in Arlington. Unless a driver was blatantly breaking traffic laws, the biggest indicator that they are driving under the influence is through tests administered by the police prior to an arrest.

Not everyone knows it, but you can refuse to take these tests when asked by an officer. Here’s a look at why someone would refuse, the penalties involved, and what steps to take if you get arrested with a DWI.

Why Would Someone Refuse a Breathalyzer Test?

Refusing a pre-arrest test is really based on the circumstances of the situation. You could be stone sober and weaving in and out of traffic while looking at your phone. Or, you could be on the Keto diet that skews and elevates the results of breathalyzer exams. 

At the end of the day, your case could actually benefit from refusing sobriety testing, since there isn’t a BAC report that proves you were driving while intoxicated. However, should you refuse a sobriety test, be prepared to face the penalties that come with your decision.

Refusal Comes With Steep Penalties

While an officer must respect your right to refuse a BAC test, they do have to explain the consequences that come with your actions. Not only can a test refusal be used against you in court, but:

  • You will be fined
  • You could lose your license for 180 days
  • You face jail-time if convicted of a DWI 

Can You Ever Be Forced Into an Administered Test?

Yes, there are circumstances that would make opting out of a sobriety test impossible. BAC testing becomes mandatory if a potential offender:

  • Was in an accident that involved serious injuries or death
  • Had prior convictions for:

-Intoxication Assault

-Intoxication Manslaughter

-2 Prior DWI Conviction

-1 Prior DWI Conviction With a Child in the Car

You’ve Been Arrested, Now What?

You can either choose to wait in jail until your first hearing, or you can reach out to an Arlington bondsman for help. Bail bonds are an excellent way for an offender to get home and work with their lawyer on how to best approach their case in court. 

Bondsmen charge a small 10 percent fee of the bail for your temporary freedom. As long as you show up to all court dates and don’t pose a threat to your community, you can live life as normally as possible in the days or months leading up to your final judgment. 

Big Bubba’s Bail Bonds Brings You Home to Fight Your Case

If you or a loved one has been arrested for a DWI, turn to Big Bubba’s Bail Bonds for help. Our offices are open 24/7 and can assist your family with bail of any amount. Don’t spend the night in a jail cell. Get home with the help of Big Bubba. Contact us today to start the bail process.

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