[Hattie]

The roadside sobriety test with probable cause that leads to a breathalyzer, then arrest is fine. Refusal to take the test after probable cause is provided causes a 3year min. suspension, as per above on the thread. There's no reason whatsoever to draw blood, unless the evidence otherwise is overwhelming.

So does that mean you lose your license for three years if you refuse the breathalyzer? Does the case go to court at all? Or just automatic?

[spunkets]

"So does that mean you lose your license for three years if you refuse the breathalyzer? Does the case go to court at all? Or just automatic?"

I'm not from TX, so I looked it up in their statutes. The 3 yrs I got from the thread was wrong. The suspension is automatic and is for 180days(6months), unless there's been a prior(drug, or alcohol), then it's 2yrs automatic. There could be an administrative hearing, but that's only for technicalities. The statute calls for automatic 180days suspension-period.

[longtermmemmory]

Generally the refusal can be contested in an administrative hearing.

If this was in FL, these “consent by deception omission” would be tossed and the administrative suspension cancelled.

I think the previous posters said it best: education has worked too well so now cops have to find a new way to rig the system.

People have learned how to question sloppy police work, people now know Nifong was SOP not an exception, people know cop lie routinely.

I have always recomended to clients REFUSE EVERYTHING. It is easy to challenge in an adminstrative hearing the sloppy police work.