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Are Criminal Penalties for Refusal to Take a Breathalyzer Test in Jeopardy?


On April 20, 2016 the United States Supreme Court heard a seventy-one-minute oral argument in Birchfield v. North Dakota. The issue before the Court was, of course, a legal one: Can a state, without a warrant, make it a crime for a driver suspected of driving under the influence to refuse to take a test to measure the alcohol in his blood?

In Texas if you refuse a breathalyzer test DPS will suspend your drivers license unless you request an ALR hearing within 15 days. Other states have made it a criminal offense to refuse a breathalyzer test. If the Court rules against the government, how will that affect states like Texas which have made the penalty for refusal administrative rather than criminal?

In Texas, if you are arrested for DWI it is important to hire an attorney as soon as possible. You only have 15 days from the date of arrest to request a hearing to fight the drivers license suspension.

The attorneys at the Stornello Law Firm PC are experienced in DWI defense. Rosario Stornello is a former prosecutor and has successfully handled many DWI cases as a criminal defense attorney. Call today protect your rights, protect your freedom.

For a complete analysis of the oral arguments in Birchfield v. North Dakota see