If you have been pulled over for DWI and refused to take the breathalyzer test, you may have questions as to how this will impact your case. There is some truth that if you refuse the breathalyzer test it could help you avoid a DWI conviction, but there are also other consequences surrounding your refusal. Prior to going to court, you should familiarize yourself with the information of chemical test refusal and the consequences surrounding that impacting your successful DWI defense.

Almost all states have an implied consent law dealing with chemical testing to determine your blood alcohol content. In simple terms, you have automatically agreed to a chemical test to measure your blood alcohol content if you get arrested for DWI on a public roadway. If you refuse to submit to a chemical test after you’ve been arrested at a bare minimum you will have your driver’s license suspended. Some people believe that they have a greater chance of not being convicted for DWI if there are no test results and take the risk of losing their license by refusing the chemical test. Many states have decided to increase the penalties for chemical test refusal beyond just a driver’s license suspension. These penalties could include additional fines of up to $10,000, additional insurance requirements which will cost more money, jail time and other criminal or civil penalties.  They are hoping to encourage people to submit to taking the chemical tests.

If you truly believe that the level of your impairment was not accurate per the police officer’s report, then refusing a chemical test could help you. If there are witnesses that can attest to your cognitive functioning and coordination at the time of your arrest and if you pass the field sobriety tests, refusing the chemical test could reduce the amount of evidence that the prosecutor has to try and convict you for DWI. However, this will not be the only tactic that the prosecutor will have in trying to convict you. They will usually have more evidence from the arresting police officer’s observations that will be used to determine your guilt. This may include your cognitive functioning and whether or not it was

El Paso DWI Attorney Discusses : AVOIDING DWI IF YOU REFUSED A CHEMICAL TEST