What Are the Consequences of Refusing a Blood Alcohol Test in Texas?

 Posted on December 13, 2019 in DWI

Driving under the influence of alcohol is extremely dangerous, and it is illegal in all 50 states. Alcohol impairs the human senses and slows reaction times, making drunk drivers deadly to themselves and others on the road. Throughout most of the country, 0.08 percent is the legal limit for blood alcohol content (BAC). In other words, motorists who are driving over this limit are breaking the law and can face harsh criminal charges in addition to making an irreversible mistake that could cost them their life. 

How Do I Know if I Have Reached My Limit?

This 0.08 number can mean nothing to the average person, making it impossible to accurately measure your legal ability to drive before getting behind the wheel. What you think might be a safe amount of alcohol can land you behind bars. While you may not be able to adequately measure your BAC, having an understanding of how many drinks can set put you over the legal limit can make you think twice before grabbing your keys.

An individual’s intoxication level fluctuates based on his or her weight and body type; however, there is an average that has been named by officials. For every one drink, an individual’s BAC increases approximately 0.02 percent. Following this standard, it takes about four to five cocktails to reach the legal limit. However, not every drink is equal in its percentage of alcohol. The following measurements are considered a “standard drink”:

• 12 fluid ounces of beer

• 8-9 fluid ounces of malt liquor

• 5 fluid ounces of wine

• 1.5 fluid ounces of distilled spirits or liquor

What Should I Do if I Get Pulled Over?

Seeing red and blue flashing lights in the rearview mirror can be an intimidating experience, and many people are unsure of what to do. If you are pulled over at night, it is not uncommon for police officers to assume that you have been drinking. Officers will often ask you to submit to a breath test, done by a “breathalyzer,” to measure your BAC, or they may ask you to perform field sobriety tests meant to gauge your level of intoxication. While these tests can be refused, this refusal may give an officer probable cause to arrest you on suspicion of drunk driving.

After you are arrested, you may be asked to take a breath or blood test to measure your BAC. Everyone who obtains a Texas driver’s license agrees to submit to chemical tests following an arrest to determine their level of intoxication by drugs or alcohol. It is “implied” that all drivers will take the test(s) if requested by law enforcement officials. If you refuse to comply with these tests, there are immediate consequences in Texas. This refusal can be used against you in court if the officer seeks criminal charges. The court can suspend your license for 180 days for first-time offenders. If you receive two or three offenses on your record, you can face a suspension that can last up to two years.

Call a Collin County DWI Defense Attorney

Many drivers refuse to submit to breath tests out of fear or legal ignorance rather than being over the limit. Some Texans are unaware of the implied consent that they give the state when obtaining their driver’s license, landing them in hot water if they do get questioned. At the Law Offices of Biederman & Burleson P.L.L.C., our attorneys have 27 years of combined experience, and we work diligently to obtain not guilty verdicts for our clients. If you are facing charges for refusing to perform a breath alcohol test or were found driving with a BAC higher than 0.08, contact our Frisco drunk driving defense lawyers at 469-333-3333 for a free consultation. 

Sources:

https://www.lowcostinterlock.com/recent-news/many-drinks-take-reach-08-bac/

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm

https://www.tdcaa.com/resources/dwi/jessica-fraziers-dwi-case-law/xvi-breath-test/