If you are arrested for a DWI in Texas, the most important piece of evidence the prosecution has is the result of a breathalyzer test. Unfortunately, not all breathalyzer results are not accurate, and you can be wrongfully charged with a DWI.
Should I Refuse a Breathalyzer?
When you’re on the side of the road, you must make a split decision as to whether to refuse a breathalyzer test or not. Either decision will have consequences, so it’s important you familiarize yourself with the penalties for both charges.
Texas has an implied consent law which states that you must comply with police if they ask you to participate in field sobriety tests or you lose your license in the spot. If you refuse a breath test in Arlington, you will be subjected to an Administrative License Revocation for up to 180 days. A second refusal can result in a two-year revocation
You should be aware that getting your license restored after it is revoked is more difficult and costlier than a suspension. You should take that into consideration if you aren’t sure what option makes the most sense considering your lifestyle.
A conviction for a first DUI can result in the following penalties:
Jail: Three days up to 180days
Driver’s License: Suspension up to two years
Ignition Interlock Device: If ordered by a judge
Other Penalties: $2,000 annual surcharge to maintain driver’s license for up to three years
Should decide to take the breathalyzer test and you are over Louisiana’s legal limit of 0.08 percent, you will be arrested and possibly taken to one of the jails listed below.
Arlington Police Department Jail
620 W Division St.,
Arlington, TX 76011
Arlington Municipal Court
101 S Mesquite St.,
Arlington, TX 76010
Tarrant County Sub-Courthouse
700 E Abram St.,
Arlington, TX 76010
How Accurate Are Breathalyzers?
A breathalyzer is a device that measures a number of alcohol molecules in your breath to determine your blood alcohol concentration. The results are then collected and stored via computers and software. They are considered scientifically accurate but only if the machines are taken care of and calibrated regularly, but things can go wrong at any time. Sometimes there are issues with software used in conjunction with a breathalyzer.
A breathalyzer that is not maintained correctly will not give an accurate reading, and an individual can be wrongfully charged with a DUI despite not having anything to drink. If you have been arrested wrongfully, call a police brutality lawyer in Texas.
Can I Challenge a Breathalyzer Test?
The results of a breathalyzer can be challenged, but you will need to hire a DWI lawyer in Arlington, Texas. To challenge a breathalyzer, you need to be familiar with the brand of carried by each law enforcement agency and know whether a police force has a history of inaccurate breathalyzer results. You probably have no idea what brand of breathalyzer Arlington police use, but one of our criminal defense lawyers in Arlington will look at every aspect of your case to find the best defense
We recommend immigrants consult with an immigration attorney in Arlington, Texas to determine if your impaired driving charges will change your status. They will be devoted to your case and build a hard to beat defense strategy. Call and arrange a case evaluation with a drunk driving lawyer today.