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I refused the DWI breathalyzer but never asked to sign or if i refused to sign ??

Houston, TX |

and when I received the paper it said I refused to sign and take the breathalyzer

There was two officers one seems like a rookie and nice but the other one was older and was dis-respectful the older one said well just put that he refused to take the test and sign.

Is this something I should bring up or just leave it alone (as it wouldn't change anything)

Attorney Answers 3


  1. You should hire a lawyer immediately. You only have 15 days after arrest to file for an ALR hearing to fight for your license. You should discuss this and other issues with your attorney. Unfortunately, not signing the form isn't a magical way to beat the case. Most DWI lawyers offer free consutlations, I suggest you avail yourself to a few post haste.

    Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.


  2. The refusal is only an issue at your ALR hearing or if you go to trial. If you go to trial, your "refusal" could be used an indication of guilt. At your ALR hearing it could used to suspend your license. You need to hire an attorney and make sure you request an ALR hearing within 15 days of your arrest.

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  3. It really doesn't matter whether you signed or not - the length of suspension for refusing to blow is the same - 180 days if this was your first offense. As the other lawyers mentioned, you have 15 days from the date you received notice of suspension to request the ALR (Administrative License Revocation) hearing. This is your opportunity to challenge the officer's right to stop you and request that you take the breath test. Hope this helps.

    My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer. If possible, hire an attorney who is a member of the National College of DUI Defense, who is familiar with your jurisdiction. Jim Butler- myhoustondwi.com, dwisurcharge.com 713-236-8744

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