Denton DUI Attorney

Refusing a DUI Breath Test

If a police officer pulls you over and suspects you of driving under the influence, you will most likely be asked to complete a series of tests to determine whether or not you are intoxicated. A breathalyzer is a machine used by law enforcement officials to determine your blood alcohol content (BAC) level by testing your breath. When the breath test is administered, an officer will ask you to blow into a small machine for several seconds. An infrared light inside of the machine then calculates your BAC level and reports it to the officer. The common legal BAC limit in the United States is 0.8; however, some states accept blood alcohol content levels as high as 0.10.

It is your right to refuse to complete a breath test, however, you should be aware that when you signed documents to receive your license, you agreed to show your license and proof of insurance when asked by a police officer, as well as perform field sobriety tests and complete blood, urine, and breath tests if requested. This is known as “implied consent” and means that if you refuse to take the breath test, the automatic suspension of your license will occur whether or not you are convicted of DUI charges. Refusing to take a breath test does not guarantee that you will not be arrested. In fact, a law enforcement official may still choose to arrest you for probable cause. Again, it is your legal right to refuse the breath test, but it is also important to understand that doing so has consequences.

When confronted by a police officer it is important to stay calm and be as polite as possible. Violent or rude behavior of any kind can be used against you in a court of law. If you decide to take the breath test and blow higher than a 0.8, there are other ways to challenge DUI charges brought against you. There are several situations where the breath test machine may not read your breath’s BAC level accurately. If the test is not administered according to police training regulations, your BAC results may be inaccurate, leading to false accusations of DUI charges. Also, if the machine is not correctly maintained and calibrated, your BAC reading will most likely be inaccurate. A skilled DUI defense lawyer will question the maintenance and calibration of the breath test machines to discover whether or not DUI charges are valid.

If you have been accused of driving under the influence, contact an experienced Denton DUI criminal defense lawyer at the law offices of Alexander & Associates. Our attorneys understand the impact that a conviction could have on your life and will work diligently to protect your rights. Your initial consultation is free of charge and is the chance to have your case evaluated by a knowledgeable Denton DUI attorney. Contact the experienced Denton DUI criminal defense lawyers today by calling 972-420-6560.