Refusing To Take A Breathalyzer In Houston – What Happens? | Cory Roth - DWI/DUI

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Cory Roth Law Office
1880 South Dairy Ashford Road,
Suite 545, Houston, TX 77077
United States
(832) 819-5290

If you refuse to take a Breathalyzer or consent to a blood test in Houston or the Harris County area, the officers will generally apply for a warrant. I have many clients who come in to speak with me and have no idea why their blood or their breath was taken. Well, the answer is that a magistrate (another term for a judge) determined, based on an affidavit written by the officer, that there was probable cause to believe that evidence of a crime (namely alcohol or some other intoxicating substance) would be found in your blood.
I always recommend that you do not consent. In other words, refuse to give your blood or take a Breathalyzer test. If you refuse, there will be implications on your license suspension. However, in the event that the judge does not find probable cause for the warrant to take your breath or your blood, then the officers aren’t going to have that evidence to be used against you, whatever might be found in your breath or blood. Similarly, your DWI attorney might find something wrong with the search warrant for your blood, or affidavit in support of the search warrant, which could result the suppression of the warrant and the exclusion the blood and the laboratory results analyzing it. When the blood and/or its results are suppressed by a judge because of a bad search warrant or search warrant affidavit, the results of the toxicology test cannot be used as evidence against you in trial. The suppressions of blood results bodes very well for you, especially if you look good on video performing filed sobriety tests.

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