Yes, you may be able to get a hardship, or provisional license, if you refuse a breathalyzer test by a police officer—according to the Texas Department of Public Safety. In Texas, an Occupational License will allow you to travel to and from work to support yourself and your family, to attend school or school-related activities, and to run basic errands in order to meet the needs of your household.
Maintaining the legal right to drive can help you keep your life, career, and family on track while you fight a DWI arrest you do not believe is warranted.
Penalties for Refusing a Breathalyzer Test
If you are pulled over by a police officer in Texas, you have the right to refuse to submit to an on-scene test of your blood alcohol concentration level using a breathalyzer machine. While you are entitled to say no to a breathalyzer test, refusing to submit to the test does carry the potential penalty of the denial of your driving privileges for a minimum of 180 days for all drivers.
The decision to take a breathalyzer test is usually yours to make prior to an arrest, except when certain circumstances allow a police officer to compel a breathalyzer test.
A Criminal Defense Lawyer Can Help When You Are Facing a DWI Conviction
A conviction for driving while intoxicated (DWI) can have a negative impact on your career and on your standing in your community. We fight hard for our clients and can help you fight a DWI conviction using one or more of the following methods:
- Challenging machine effectiveness
- Challenging toxicology results
You do not have to fight for your driving privileges on your own. We understand how important your career and your public and community image are. Speak to a DWI attorney from our team about the importance of maintaining a blemish-free driving record.
Obtaining a Hardship License in Texas
Confinement to your home without access to a driver’s license can make working impossible, especially in rural areas or areas without access to public transportation or rideshare services. When that happens, it can interrupt your career and create a difficult situation for your entire family.
You can apply for a hardship or occupational license by:
- Petitioning the court
- Demonstrating your need
- Maintaining SR-22 insurance
Obtaining a driver’s license in Texas is a privilege—for many people, it is also a necessity. A hardship license can help you maintain employment and attend school during a difficult time.
Request an Administrative License Revocation Hearing After a DWI
The Administrative License Revocation (ALR) Program in Texas is a civil procedure that establishes the suspension of your driving privileges following an arrest for DWI. Your license can be suspended if you refuse to submit to a blood test or breathalyzer or if a blood or breathalyzer test indicates a blood alcohol concentration higher than the legal limit.
An ALR hearing is not automatic. If you wish to retain your driving privileges, you can request an ALR hearing. You must request a hearing within 15 days of the suspected DWI. If you do not request a hearing, your driving privileges are subject to suspension.
Contact a DWI Lawyer to Protect Your Rights Today
If you or a family member are stopped on suspicion of driving while intoxicated, you can refuse a breathalyzer under certain circumstances. If retaining your driving privileges is important to you, a defense lawyer can explain the benefits of a temporary hardship license and the process of obtaining a hardship or occupational license.
Work, school, family, and community life can all be negatively impacted if you lose your driver’s license. Do not give up your license and the freedom it affords you without a fight. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 to speak to a member of our team about retaining your driving privileges today.
We want to help you in any way we can. You are not alone. Reach out to our team today so we can get started on your case. We can talk you through your options and help you understand what penalties you may be facing. If you do not know whether you are eligible for a hardship license, a member of our team can inform you.
