What happens if I am charged with a DUI and I refuse a breathalyzer test?
In Texas, if you are charged with Driving Under the Influence (DUI), and you refuse a breathalyzer test, you face serious consequences. First of all, you will be charged with a Class C misdemeanor, which carries a maximum fine of $500. Additionally, if your blood alcohol concentration (BAC) is found to be over the legal limit of 0.08, you will face enhanced charges, including a fine of up to $2,000 and a jail sentence of up to 180 days. Refusing to take a breathalyzer test is considered a serious offense in Texas. As such, the state has an “implied consent law,” which means that if you are pulled over and suspected of driving under the influence, you automatically give consent to take a breathalyzer test. Refusing to take the test can result in the suspension of your license for up to 180 days, and you may also be referred to an outpatient substance abuse program. On top of all this, if you are found guilty of DUI, any convictions or refusals to take a breathalyzer test will also be taken into account when determining the sentence. This means that you could face even more severe penalties for refusing to take the test. In short, if you are charged with DUI in Texas and you refuse a breathalyzer test, you face serious penalties. You could face fines, jail time, and the suspension of your license, as well as the possibility of having to complete an outpatient substance abuse program. Therefore, it is important to take the breathalyzer test if you are pulled over for suspected DUI.
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