Posts tagged Test Refusal
DWI Arrest Houston Texas
Sep 28th
Reader’s Question:
I was once stopped by police officers in Houston, Texas for erratic driving. I stopped and explained that I have faulty brakes at the time and looking for the nearest auto repair shop. Still they wanted me to submit to a Breathalyzer test but I refused. What consequences may arise for these kinds of situation?
James
Houston, TX
There may be a lot of instances that a suspected drunk driving may lead to an arrest for DWI. One term being used is what we call “Probable Cause”. If a police officer noticed that you are driving erratically, he can ask you to pull over to check for signs of drunk driving. If his reasonable belief has been justified by physical evidences (such as booze bottles inside your vehicle), he may then ask you to prove that you are not under any kind of substance and alcohol influence. He may first ask you to take tests like walking a straight line. If his suspicions are still strong, they may even ask you to take a breath analyzer test. Refusal to do so may possibly lead to an arrest based on facts and circumstances.
There had been strict law enforcement with regards to safe driving Houston, Texas. There had already been a long debate as to speed limits, alcohol and breath tests just to maintain road safety. So in case you get pulled over by a police officer for a reasonable cause such as over speeding, possible drunk driving and the likes, I suggest you hire a lawyer who is expert in defending road offenses such as DUI. I also recommend getting an affordable auto insurance carrier that would not beat you hard for such troubles.
DWI Breath Test Refusal Houston Texas
Aug 29th
Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
Houston TX DUI Breath Test Refusal
Jul 25th
Reader’s Question:
If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?
Adrian
Houston, TX
When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.
If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.
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