Fort Bend County DWI Breath Tests
DWI Law and Implied Consent
Texas law gives people the option to take or refuse DWI breath tests. No matter what you decide, The David Hunter Law Firm is ready to take your case and help you build a solid breathalyzer defense in Fort Bend County.
Possessing a Texas driver’s license or operating a motor vehicle on Texas roads and highways is considered “implied consent” to a BAC test when arrested under Fort Bend County DWI law. In short, this means that you are legally required to submit to a breath test. However, a person also has the legal right to refuse a breathalyzer or other DWI breath tests. So, although there is a legal requirement, the police cannot force you to take a BAC test.
There are consequences to refusing to take Fort Bend County DWI breath tests:
- Suspension of your driver’s license for 90 days up to 2 years
- Automatic commercial driver’s license suspension for 1 year
The stakes get higher if you are facing your second or third DWI charge. A person who refuses a breath test after failing or refusing a previous test could face an automatic two-year suspension of his or her driver’s license.
Get legal help to understand DWI law and your rights. Contact our firm as soon as you have been charged. We are available 24/7 to help clients begin building a DWI breathalyzer defense in Fort Bend County.
Breathalyzer Defense in Fort Bend County, TX
DWI breath tests are not always definitive proof of intoxication. In fact, the breathalyzer alone has often tested to be up to 50% inaccurate. With those kinds of stats, it is no wonder DWI breath tests are the subject of many solid breathalyzer defense cases in Fort Bend County. There are two main factors that often contribute to a false BAC test result, including faulty equipment and an improper testing training and procedure.
Remember that criminal cases must prove beyond any reasonable doubt that a person committed the alleged crime. Breathalyzer equipment proven to malfunction or officers that do not follow proper testing protocol is solid evidence that can provide reasonable doubt to a judge or jury.
David Hunter, Criminal Defense Lawyer