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Devoted to Family Law and Criminal Defense Throughout the Houston Area

Do Not Blow In Texas

While you may still get arrested and have your driver’s license suspended for refusing to take a breath test at the scene, you will have the same, if not worse, consequences if you blow above .08 in Texas. At Scott M. Brown & Associates, we can explain your rights under Texas laws regarding the Intoxilyzer 5000 and all sobriety testing.

If you have been stopped on suspicion of DWI/DUI and have questions regarding whether you should blow, call our lawyers at 979-849-8526. We are available at all hours for your convenience. You may also contact our Pearland, Angleton and Houston offices online.

The Intoxilyzer 5000 — Texas’ Breath Test Machine

To get a reading on an individual’s alcohol levels through breath testing, Texas police use the Intoxilyzer 5000. This device reads the amount of light that passes through it when no alcohol is present and when alcohol is passed through it. A computer chip then calculates the results based on specific coding and relays that to the officer.

The main problem with this test is that it has been shown to be inaccurate, especially if used improperly. Further, the manufacturer refuses to release the code to the public, meaning its authenticity cannot be thoroughly tested for accuracy.

With all of this in mind, if you have blown and received a high blood alcohol rating, consult with an experienced lawyer at our office. We have been practicing criminal defense for years and have helped numerous clients get their DWI charges dismissed or their consequences minimized.

Is It A Separate Crime To Refuse A Breath Test In Texas?

No. This is similar for blood tests as well. Your license very well could be suspended if you refuse, but the consequences if you don’t refuse could be much more severe. Be sure to check with a knowledgeable criminal defense attorney to see what all of your options are regarding breath tests, blood tests and all sobriety tests.

More Questions About Breath Test Refusals?

If you have more questions regarding breath tests or any sobriety test results in Texas, call our Breathalyzer refusal attorneys at 979-849-8526.


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