What Is Refusal / Breath Test Lawyer?
In Texas DWI cases, law enforcement uses breath tests (breathalyzers) and blood tests to measure blood alcohol concentration (BAC). If you refused the test, the state will use your refusal as evidence of consciousness of guilt and will automatically suspend your license for 180 days (first refusal) or two years (subsequent refusal). If you submitted to a test and the results showed BAC of 0.08% or higher, the prosecution will use those results as key evidence. Both scenarios require an experienced attorney who understands the science and law behind chemical testing.
Penalties in Texas — What You Are Facing
Refusing a breathalyzer triggers an automatic 180-day license suspension for a first refusal (two years for subsequent refusals), separate from any criminal penalties. If convicted of DWI based on chemical test evidence, you face the standard DWI penalties: up to 180 days in jail (first offense), fines up to $2,000, license suspension, and annual surcharges. The prosecution will use your test results or refusal aggressively. You need an attorney who can effectively counter this evidence.
Don't face Refusal / Breath Test Lawyer charges alone in El Paso.
Attorney Aaronson has 45+ years defending El Paso residents. Free consultation — no obligation.
The Legal Process in El Paso, Texas
After a DWI arrest involving a breath or blood test, you have 15 days to request an ALR hearing to contest your license suspension. In the criminal case, your attorney can request all records related to the breathalyzer's calibration and maintenance, the blood draw procedures, chain of custody, laboratory protocols, and analyst qualifications. These records often reveal issues that can challenge the reliability of the test results.
Defense Strategies That Work in El Paso Courts
Attorney Aaronson challenges chemical test evidence through multiple avenues: breathalyzer calibration records and maintenance logs; officer training and certification for administering breath tests; blood draw procedures and chain of custody documentation; laboratory accreditation and analyst qualifications; potential contamination of blood samples; and the validity of any warrant obtained for a blood draw. Many DWI cases involving chemical test evidence are successfully challenged when these records reveal procedural errors or equipment failures.
Why Choose Aaronson Law Firm for Refusal / Breath Test Lawyer in El Paso
Attorney Aaronson has extensive experience challenging both breath and blood test evidence in El Paso DWI cases. He works with forensic experts when necessary to identify flaws in the collection, storage, and analysis of chemical samples. His thorough approach to evidence review has helped many clients — from the Westside to the Eastside, from Kern Place to Northeast El Paso — achieve favorable outcomes in cases where chemical test results initially seemed overwhelming.
Frequently Asked Questions About Refusal / Breath Test Lawyer in El Paso
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Don't let flawed chemical test evidence convict you.
Call Aaronson Law Firm at (915) 533-0110 for a free consultation. We know how to challenge breath and blood test evidence in El Paso DWI cases.
Available 24/7 for urgent matters · 45+ years defending El Paso residents