I refused to take a breathalyzer test when I was pulled over for a DWI in Houston. What happens now?

When you’re pulled over for driving under the influence, the police officer will ask you to take a breathalyzer test. If you refuse, you will be given a criminal penalty that includes fines and possible jail time. The legal consequences of refusing a breathalyzer test are serious, so be sure you understand them before making your decision. If you’re convicted of driving while under the influence of alcohol, you will be required to attend an alcohol safety program and be placed on probation for a period of time. If you have a commercial driver’s license, you may also face revocation of your license by the state transportation agency. The penalties for driving under the influence of drugs are less severe but still serious.

What Is a Breathalyzer Test?

A breathalyzer test is an objective method of measuring a person’s blood alcohol content. It is typically done by blowing into a machine and reading the results. When someone is suspected of driving under the influence of alcohol, the police officer will likely request the person to submit to a breathalyzer test. The results of a breathalyzer test are used to determine whether the person is legally intoxicated.If the test shows a blood alcohol content of 0.08 percent or higher, the person will be charged with a DWI. While a breathalyzer test is the most common method used to determine blood alcohol content, it is not the only method used by law enforcement. Other tests may include blood, urine, or even a breath test that does not involve machines.

What Happens if I Refuse a Breathalyzer Test?

If you refuse a breathalyzer test, the results will not be admissible in court. However, the officer will still be able to testify to the fact that you were offered a test and that you refused. The officer’s observations at the time of the traffic stop will be used to form the basis of the DWI charge.If you are convicted of driving under the influence of alcohol, you will face a range of penalties depending on the circumstances of the incident. If you are convicted of a first offense, you may receive probation, community service, fines, or a jail sentence. If you have previous convictions for drunk driving, you may face more severe penalties. A second conviction will almost certainly lead to jail time.

What Are the Penalties for a DWI?

The penalties for a DWI depend on the circumstances of the incident and the number of prior convictions for drunk driving. If the charge is a misdemeanor, the person will face fines, a jail sentence, and probation. If the charge is a felony, the person will face a jail sentence and will likely lose their driver’s license.

Is There Any Way to Avoid a DWI?

While a breathalyzer test cannot be denied, there are steps you can take to reduce the likelihood of a DWI conviction. First, make sure that you are not over the legal limit for blood alcohol content. You can also try to avoid contact with law enforcement officers as much as possible. When you are pulled over, keep your hands free and visible, and avoid reaching for anything in the vehicle. Avoiding contact with the police will make it much harder to prove that you were not impaired by alcohol. Avoid drugs and alcohol before driving, and don’t drive after using either one.

Conclusion

When you are pulled over for a DWI, the police officer will likely ask you to take a breathalyzer test. If you refuse, you will be given a criminal penalty that includes fines and possible jail time. The legal consequences of refusing a breathalyzer test are serious, so be sure you understand them before making your decision. If you are convicted of driving under the influence of alcohol, you will be required to attend an alcohol safety program and be placed on probation for a period of time.

Frequently Asked Question

How long does a DWI stay on your driving record in

The short answer to the question of how long a DWI stays on your record in Texas is: forever. That's right. A DWI conviction will remain on your public and legal record unless you can get it expunged. It will remain permanently on your criminal record and there is no "washout period". What are the penalties for a DWI? Up to a $2,000 fine. Maximum 180 days imprisonment upon conviction, with three mandatory days. Driver license suspension up to one year. The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations is the time that a prosecutor must file a case against your. Drug DWI Blood Testing in Texas The blood sample will be tested for a variety of controlled substances, including, but not limited to: Marijuana. Cocaine. Heroin. A DWI is normally a Class B misdemeanor. A Class A misdemeanor is a DWI that occurs when a driver has a BAC of 0.15 or more. How Far Back Can a Background Check Go? Employers can only look at the applicant's past seven years of employment history in Texas. In certain cases, a prospective employer may extend the background check to include the applicant's 18th birthday. Distracted driving, driving under the influence and speeding rank as some of the most common causes of serious car accidents in Texas. Every year, hundreds of thousands of Texas residents are affected by car crashes and other motor vehicle accidents. Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted. Many charges are filed after the Court date that you were given when you were cited or arrested. Prosecutors like to review and file the cases by the Court date to avoid additional notification or arrest. Texas law allows police officers to forcefully take blood without consent if the individual has been charged with driving while intoxicated (DWI), or has been involved in a motor-vehicle accident. If a passenger of the other vehicle is taken by ambulance for treatment of their injuries. Yes. An experienced DUI attorney can challenge a DUI blood test in your case because even toxicologists cannot always be certain that a driver's BAC was above or below a particular limit. There is usually a variance of 3%-10% within where a driver's actual BAC was when they were driving. After a DUI arrest, it can take up to six weeks for the results of a blood sample to be returned. In many cases, however, the lab takes longer to complete a blood test. Florida is known for its very tough DUI laws. If you are convicted of a DUI, then it could stay on your record for up to 75 years. You could also face additional consequences regarding your license and driving habits. A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver's license suspension, and installation of an ignition interlock device. The timeframe for receiving an expunction is (1) at least 180 days from the date of the arrest for an offense punish- able as a Class C misdemeanor, (2) at least one year from the date of the arrest for an offense punishable as a Class B or A misdemeanor, or (3) at least three years have elapsed for an offense ... You can legally give your children PS100,000 no problem. PS3,000 of your annual gift allowance has not been used up, so PS3000 is technically exempt from your estate for inheritance tax purposes. PS97,000 is then known as a PET (a potentially exempt) transfer. Because of the capital gains implications, it is generally better to receive real property as an inheritance than as an outright donation. The deceased probably paid much less for the property than its fair market value in the year of death if they owned the real estate for any length of time. The Texas law that governs employment background checks states that applicants are required to submit a seven-year check for any salary above $75,000. If you apply for a job earning more than $75,000 annually, your employer can look back until you turned eighteen. Distracted driving is the most common cause of road accidents in the United States, resulting in more crashes every year than speeding, drunk driving, and other major accident causes. Distracted driving is not only the leading cause of car accidents, but it is also true for trucks. Distracted driving is the second leading cause of accidents in Texas, just behind speeding. Undoubtedly, distracted driving has always existed to one extent or another, but it has become particularly problematic in the age of cell phones. How long does a conviction stay on your record? A conviction will remain on your records until you turn 100. It is possible to have the conviction removed from your record by background checks after 11 year depending on the nature of it. The police can keep you in custody for up to 24 hours before charging you with a crime. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder. Your attorney can first reduce the charges against your client by having them dropped or dismissed. Even if the charges against your are not dropped or dismissed by your attorney, they may be reduced. One of the most common ways this is done is through a plea deal. Statute of Limitations in Federal Crime Cases So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. The statute of limitations for most federal crimes is five years. You can refuse to take a breathalyzer in Texas. However, your license will be suspended. For a first refusal, you could lose your driver's license for 180 days. Texas Department of Public Safety (TxDPS), could suspend your driver's license for two years if you have ever been convicted of a DWI or refused to drink. There is no penalty for refusing field sobriety tests in Texas. However, there are penalties for refusing a breath or blood test. A driver who refuses to take a breath or blood test after being arrested for DWI could have their driver's license suspended for 90 days up to 2 years. A new Texas law was recently passed that could have major consequences for those accused of DWI. The law gives law enforcement officers the power to order paramedics to draw blood if the officers suspect that alcohol may have played a role in a traffic accident. Blood tests generally produce more accurate results than breathalyzers and other breath tests. Blood tests directly measure the suspect's actual BAC. Breath tests only indirectly measure someone's BAC. Blood tests are also less prone to environmental factors creating an inaccuracy in the results. Police bail - It usually takes six to eight weeks for the police laboratory to confirm the blood alcohol reading. However, it has been known that it can take longer. It can take as little as four to six weeks to get the results of a blood test back after a DUI arrest. However, in many cases, it takes much longer for a lab to finish working on a blood test. With breath tests, police get the results immediately, but blood tests are generally more accurate and--unlike with breath tests--will show the presence of drugs and alcohol in the suspect's system. If the blood tests show that the suspect has a blood alcohol content (BAC) of. 08% or higher (. Hyperventilating, exercising, and holding your breath before you blow can all help beat a breathalyzer. Fact: A decades-old study has shown that vigorous exercise and hyperventilation can reduce subjects' BAC readings up to 10%. The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations is the time that a prosecutor must file a case against your. The Texas Department of Transportation estimates the average cost of a DWI to be $17,000. In a press release issued six years ago the Texas Department of Transportation stated: "Convicted first-time DWI offenders can pay a fine of up to $2,000, lose their driver's license for up to a year, and serve 180 days in jail." What are the penalties of a conviction? A conviction for a Class B misdemeanor carries the following penalties: up to 180 days in county jail, and/or. up to $2,000 in fines. Texas has a complicated law regarding DWI expungements. You cannot have a DWI/DUI conviction expunged if you were convicted. The conviction will remain on your record. If you were arrested for DUI or DWI, you may be able to have it expunged under certain conditions. What Happens if You Don't Pay Your Probation Fees? You will be in arrears if you don't pay your supervision and other probation-related fees. Your probation officer could violate you if you have an arrearage. This probation violation may occur during the course of your probation or right at the end. If you don't pay your credit card bill, expect to pay late fees, receive increased interest rates and incur damages to your credit score. If you continue to miss payments, your card can be frozen, your debt could be sold to a collection agency and the collector of your debt could sue you and have your wages garnished. Paying Criminal Fines: What If I Cannot Afford to Pay My Fine? In order to be charged, defendants who fail meet the payment plan must pay interest and additional fees. The court can also enforce additional penalties. Sentences for misdemeanors and felonies often include a fine, in addition to jail time and restitution. Straight Probation or Regular Probation in Texas is when the Judge finds you guilty of your criminal offense and sets the number of months that you are on probation. The Judge accepts your plea and finds you guilty. Then you're sentenced to a certain amount of time in either jail or prison. Generally, individuals who are given summary probation might be allowed to drink alcohol, but other probationers are not so lucky. A summary probation might be imposed if you are convicted of a DUI. This type of probation doesn't require check-ins and meetings with the officer.

What is the statute of limitations on a DWI in Tex

The statute of limitations for a misdemeanor DWI in Texas is two years. The statute of limitations refers to the period of time the prosecutor has to file a case against you.

How far back can employers check criminal backgrou

How Far Back Can a Background Check Go? The general rule for employee background checks in Texas is that employers can look at a job applicant's history up to the past seven years. Under certain circumstances a prospective employer can extend the background check to go as far back as the applicant's 18th birthday.

What is the most common factor for crashes in Texa

Distracted driving, driving under the influence and speeding rank as some of the most common causes of serious car accidents in Texas. Car crashes and other motor vehicle accidents harm hundreds of thousands of people in Texas each year.

How long does it take for DUI blood test to come b

It can take as little as four to six weeks to get the results of a blood test back after a DUI arrest. However, in many cases, it takes much longer for a lab to finish working on a blood test.