Can Someone Refuse If The Officer Asks Them To Take The Breath Test?
Gary Churak's Answer
A person can refuse to take a breath test, although they should remember there is a cost to that. If they take the breath test and fail, their license can be suspended for 90 days, but the suspension could be 180 days if they refuse the breath test. Some parts of Texas have a mandatory blood draw, which means that, even if someone refuses to take a breath test, the police can get a warrant to allow them to extract blood from the person and tested, anyway. Therefore, whether they should or should not depends on where the person was at the time of the arrest.
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