Of course nobody should drive while under the influence of alcohol or drugs in the state of Texas—or anywhere else for that matter, however in many cases Houston drivers are unfairly charged with DUI and need an experienced lawyer who can ensure that their future is not altered forever. Should you find yourself arrested for suspicion of DUI you may wonder if it will help or hurt your future DUI case if you refuse the tests the officer asks you to take. While many states have no-refusal mandatory blood draw programs in place, Texas has not yet implemented this program therefore you still have the right to refuse a breathalyzer, blood test, and even field sobriety tests.
Avoid Giving Evidence against Yourself
Be aware, however, that because Houston drivers give implied consent to submit to a breathalyzer test when they obtain their Texas driver’s license, their license may be revoked for refusal to submit. A police officer can certainly obtain a warrant to obtain a suspect’s blood, however few police departments have the resources to do so. In spite of the license suspension issue—180 days for refusing to submit to a breath test as opposed to 90 days for submitting and failing—refusal of the test could actually help the accused to avoid a conviction. In other words when you willingly give chemical proof of your intoxication, then you have given the prosecution a very powerful weapon to use against you.
Aside from the fact that breathalyzer tests are notoriously unreliable, without chemical proof the prosecution must depend solely on police testimony to secure a conviction. As you might imagine, the testimony of a police officer is very subjective and can be fairly easily disputed in a court of law by your attorneys. While mandatory blood draw programs have been tried in Texas, opponents of the programs argue that these programs violate the right of privacy and freedom from unreasonable search.
Exercise Your Right to Remain Silent
Unfortunately, many people who are stopped by police for suspicion of DUI are under the impression that if they cooperate fully with the police officer and pass all the tests, the officer will let them go home. Unfortunately, this is just not true. Too many people try to explain to the police officer that they were just coming from a social function and only had “a couple of drinks.” There is a very important reason why the Miranda warning advises you that anything you say “can and will be used against you,”–because it can, and it will. Many DUI attorneys find the most difficult obstacle to overcome is evidence given freely to the police by the suspect—then used against them.
Remember—the officer’s job is to be persuasive and to take full advantage of your fear in order to get evidence against you. In most cases by the time the officer begins asking you questions, requesting you take field sobriety tests or a breathalyzer test he or she has already made up their mind regarding your guilt. The more you talk in an effort to persuade the officer you are not impaired, the less likely you will be allowed to go home. Should you find yourself under arrest for DUI, exercise your right to remain silent and avoid providing evidence against yourself.