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Charge: Assault - State claimed client hit victim with a telephone and broke victim’s nose. However, the client was acting in self-defense.

Verdict: NOT GUILTY

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Can You Speak with an Attorney Before Refusing a Breathalyzer?

When a person is pulled over for DWI, they may want to know their full range of options before allowing the police to take any measures which could potentially lead to their incrimination. In many cases, a person has the right to consult with an attorney before submitting to any police actions. However, this may not be the case in DWI arrests.

If you’ve been arrested on DWI charges, you may be entitled to certain rights and legal options as a defendant. To learn more about your rights if you’re facing these serious allegations, contact the Houston DWI lawyers of the Law Office of Johnson, Johnson & Baer, P.C., by calling 713-523-0404.

Important Facts to Remember about Refusing a Breathalyzer

In the state of Texas, a person may not be able to request an attorney’s help before having to either submit to or refuse a breathalyzer test. In many other criminal cases, an attorney’s presence is considered a basic right for someone who stands accused. However, for initial breathalyzer submission or refusal, this may not be the case.

If asked to submit to a breathalyzer test, a person should consider the following:

  • Failure to explicitly submit to the test may be considered refusal
  • Asking for an attorney will often be considered refusal
  • There are strict penalties involved with refusing that a police officer should review

It’s important for someone to know their rights when they are submitting evidence to the police. However, a person may not be allowed to speak with an attorney before deciding whether to take a breathalyzer test or refuse.

Contact Us

If you’re facing DWI charges in Texas, your breathalyzer results may be an important part of a DWI prosecution. To learn more about what defense options are available to you whether you’ve submitted to or refused a breathalyzer test, contact the Houston DWI attorneys of the Law Office of Johnson, Johnson & Baer, P.C., at 713-523-0404 today.