If you get pulled over by the police under suspicion of impaired driving, they may ask you to take various tests. These can include roadside field sobriety tests or a breath test.
Generally speaking, you can refuse to take field sobriety tests. They are not necessarily accurate, and there is no legal obligation to take them. The officer is simply asking for your consent to submit to the test. They cannot arrest you just for declining the test, although they could still arrest you if they believe you are under the influence.
But what about the breath test? Do officers also need your consent?
Implied consent
In Texas, implied consent laws mean that drivers on public roads have already given their consent to a breath test during a lawful traffic stop. If you are driving your vehicle, you have effectively agreed that you will take a breath test if you are pulled over during a lawful stop on suspicion of impaired driving.
That said, it is technically possible to refuse to participate in the test. If you do, it becomes a violation of implied consent laws and can lead to an administrative license revocation. A first refusal can lead to a license suspension for 180 days, while a second refusal can result in a suspension for two years.
Even if you are never convicted of drunk driving charges, you could still lose your driver’s license simply for refusing the test. This makes refusing a breath test very different from refusing a field sobriety test.
Your legal defense options
When you are facing impaired driving charges, it is very important to understand how the law works, what rights and obligations you have and what legal steps you can take while building your defense. Working with an experienced attorney can help you explore your options and protect your rights.