DWI Defense Attorney’s answer to Refusing a Breathalyzer in Texas
Austin, TX Attorney, Kevin Bennett, gives his advise for those who may find themselves being asked to provide a breath sample. Depending on your situation, providing a sample could either be beneficial for you; or result in providing incriminating evidence against yourself. Either way, it is always smart to speak with an attorney first.
Call The Law Office of Kevin Bennett at: (512) 476-4626 https://www.kevinbennettlaw.com/
“As a defense attorney, I get asked all the time: Should I take the breath test? My answer is: It depends. I say that because if you feel confident that you’re going to come back under the legal limit, that could be evidence that you could use in your favor. But if you feel that there’s any question; that you think you may not pass, then I would absolutely refuse the breath test. Now, an officer may tell you that you’re going to lose your license, and that’s true. But what they also don’t tell you is that if you provide a specimen and it’s over the legal limit, you’re also going to lose your license. But if you do refuse, it’s in your best interest to mention that, “I don’t refuse, but I’d like to speak to an attorney first.””