In Texas, the law states that anytime a driver gets behind the wheel of a motor vehicle and is suspected of driving while intoxicated or impaired, a breath test can be requested. Chemical tests like breath tests are used to test whether a driver is operating a vehicle while being over the legal limit. If you have been arrested after a breath test in San Antonio, Texas, you may be at risk of serious legal repercussions if you are charged with a DWI.
After being charged with a DWI due to failing a breath test, it is vital that you partner with our trusted San Antonio breath test lawyer Sophia C. Martinez. When you are charged with a DWI, you could be facing serious penalties like losing your license and even jail time in certain cases. You can rely on former Assistant District Attorney Sophia C. Martinez to construct a solid strategy and use her more than 25 years of experience to assist with your defense case.
What Qualifies as Probable Cause for a Breath Test in San Antonio?
Although drivers automatically consent to a potential breath test each time they operate a motor vehicle, in order to actually be pulled over for the breath test, law enforcement officers must have probable cause to believe that a driver is intoxicated. Some examples of evidence or justification that qualify as probable cause for pulling over a driver and administering a breath test include the following:
- Running a red light
- Swerving or weaving in and out of lanes
- Rolling through stop signs
- Reckless driving
- Causing an accident
Once an officer pulls a driver over, they may use additional observations as proof of probable cause, such as bloodshot eyes, the odor of alcohol or drugs, or slurred speech. If you were pulled over for a breath test and charged with a DWI, it is important you have your own trusted legal counsel to investigate whether the officers had probable cause to pull you over in the first place. If evidence is found that the officer pulled you over without probable cause, the charges against you may be reduced or dropped altogether.
Can You Refuse a Breath Test in Texas?
During a suspected DWI stop, law enforcement may request a breath test to decipher what your BAC is at the time of the arrest. Despite the implied consent laws in Texas, breath tests are voluntary and refusing one in San Antonio, Texas Bexar County will result in a mandatory blood draw and it will affect your driving privileges. These consequences include:
An Automatic, 180-Day License Suspension
Drivers who refuse to take a breath test after a DWI arrest are subject to an automatic suspension of their Texas driver’s license. If this is your first offense, you will be facing a 180-day driver’s license suspension. However, if this is your second or third offense, you may have your driver’s license suspended for up to two years.
Refusal to Take a Breath Test Can Be Used as Evidence Against You
Refusing to take a breath test during a DWI stop in San Antonio can be submitted as evidence against you in court.
To avoid these potential consequences after a DWI charge, get the help of trusted San Antonio breathalyzer attorney Sophia C. Martinez. Attorney Sophia C. Martinez can review your case and help you gather evidence to build a strong defense and protect your rights and interests.
Should You Take a Breath Test During a San Antonio DWI Stop?
Every case is different. However, if you submit to the test on a DWI 1st and your BAC level is above the legal limit, your license may be suspended for 90 days. This suspension will be shorter than the 180-day suspension you may face if you refuse to take the test. Subsequent DWI’s will result in different lengths of suspension depending on prior arrests and convictions.
If you are stopped during a DWI in San Antonio, to best understand what your best legal options are as it relates to breath tests and what to do during a DWI stop, contact Attorney Sophia C. Martinez as soon as possible.
Speak With a San Antonio Breath Test Lawyer Today
To ensure your rights and interests are protected following a breath test in San Antonio, contact Former Assistant District Attorney Sophia C. Martinez to get help building your defense case. Attorney Sophia C. Martinez, a former prosecutor and defense attorney with over 25 years of experience, will work hard to help clients who have been charged with a DWI in Texas.
To schedule a free evaluation with San Antonio breath test Attorney Sophia C. Martinez regarding your DWI defense case, contact Sophia Martinez Law today by completing our contact form or calling (210) 226-3000. Phone lines are open 24 hours a day, seven days a week. We also speak Spanish.