Breath Test Refusals

What If I Refused a DWI Breath Test? 


If you have been arrested and charged with a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you refused to submit to a DWI breath test, it is important to understand how the courts and the jury will be permitted to evaluate your refusal. Under Texas case law, a jury MAY, but is not required, to conclude that your refusal to give a breath test is evidence of your guilt. However, it is important to remember that the prosecution carries the burden of proving beyond a reasonable doubt that you are guilty of DWI. Without a breath or blood test result, the prosecution will be required to rely upon the subjective observations of the arresting police officer that administered the standardized field sobriety tests, the video showing your behavior and performance on the standardized field sobriety tests (if you performed any tests), and any driving facts that may or may not indicate possible signs of an intoxication.


Regardless of whether you have submitted to or refused a DWI breath test, it is important that you have the peace of mind of knowing that when you hire The Hampton Law Firm, you will have a legal team of former Tarrant County prosecutors that have tried over 100 DWI jury trials in the courts of Tarrant County, Texas, heading your DWI defense.


At The Hampton Law Firm, we even the odds for those charged with a DWI in Fort Worth or the surrounding cities in Tarrant County by ensuring that if your case goes to trial, you will be defended by a team of experienced DWI lawyers that have both misdemeanor and felony DWI experience. Call The Hampton Law Firm now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your DWI case.