How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33385
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

In the state of Texas, if your not pulled over by an

Customer Question

In the state of Texas, if your not pulled over by an officer, or seen in a vehicle by an officer, do you legally have to agree to another test if you agree and pass a breathalyzer (with a 0.00) or they have right to revoke your drivers license?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'm not sure what you are asking and your facts. Can you rephrase?

Customer: replied 1 year ago.
my question is in the state of Texas I know that they can revoke your driver's license if you refuse to take a test like a breathalyzer or something. my question is if you agree to take the breathalyzer that they want you to take and it comes back 0.00, can they force you to take a blood test by telling you that if you refuse the blood test your license will be revoked? I'm basically asking do you have to agree to take more than one test for them to revoke your drivers license? especially since I've looked that law up many times and it always starts with when you're pulled over by an officer then you have to agree to take the breathalyzer for a test if you refuse your drivers license will be revoked, the biggest issue I have with this is I was nowhere near a vehicle ,I was sitting inside of store and I agreed to take the breathalyzer and it was 0.00. Then they were going to arrest me anyway and I got upset after agreeing to take the blood test that when they put the handcuffs on me I told them I refuse to take the blood test . I'm just needing to know because I refused the second test did they have the right to revoke my license? Since I agreed to the first test . I took one did I have to agree to take both ,or do they have the right to revoke my license for just saying I refuse the second test when I wasn't even behind the wheel or driving ? In fact the police officer never seen me in a vehicle or anywhere by it. Me ,keys, my purse where all in store waiting on my husband to get dropped off to drive us home?
Expert:  Dwayne B. replied 1 year ago.

Yes, they can suspend your license for refusing a blood test. It's not automatic if you agreed to the breathalyzer but they can ask for it to be suspended and you then have to defend it.

The reason they do it, and the way they will explain it to the driver's license judge, is that they believed you were under the influence of drugs as opposed to alcohol, which doesn't show up on a breath test only on a blood test.

However, they aren't entitled to just ask for it if they can't connect you with operating the vehicle. That, however, is a defense you will have to assert.

To suspend your license they will have to prove that you were operating the vehicle at a time relevant to the request for the test.

If you need me to explain it further or in a different manner let me know. This issue is a little confusing since it is involves several different concepts of law and depends on what the police contend and what they can prove.

Customer: replied 1 year ago.
I've never been in trouble with the law before in my 37 yrs. They suspended my license before they had proven anything. They arrested me to wait on the judges search warrant for my blood. And had me signing license suspension paper work before they even took my blood. They suspended it just because after agreeing to the breathalyzer, I refused the blood test(mostly cause they acted as if I was telling the truth about my husband getting dropped off to drive us home) but that turned out to be a lie, because he showed up within 10 minutes. So the officer that had me sign the refusal and suspension papers told me , the only reason they were getting suspended is because I said I refused to the blood test, and broke the contract on my license. They hadn't proven anything yet, so I don't understand, how many test i have to agree to before I'm not breaking my license contract? Also is it legal for the k-9 officer take me to jail in the back seat of his car with the k-9 dog?
Expert:  Dwayne B. replied 1 year ago.

The agreement to take a blood test doesn't extend to your license when you're not driving. They may be able to get it temporarily suspended but you should win the hearing if they can't prove you were driving or a reason they would have assumed you were driving.

It is not illegal for you to ride to the jail with the K-9 dog although it is usually against the department policy.

The "license contract" isn't a blanket agreement to take your blood at any time. It must be tied to your driving privileges somehow.

Expert:  Dwayne B. replied 1 year ago.

I think you have an excellent chance to beat this since there is no justification for their request for you to take the blood test.

I am about to sign off for the evening but will be back on tomorrow morning.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
The thing is I have a court appointed lawyer, who keeps trying to tell me to take the plea. They have one witness report, blood test ( with my prescription medication in it), video from cop car with them walking me out of a store... Never near my car. I have 3-4 witnesses and prescriptions for the meds in my system, my husband that I called to pick us up showing up between 5- 10 minutes after the police got there, I was no where near my car( no keys, no purse, no one even outside or trying to leave)
Customer: replied 1 year ago.
I am set on taking it all the way to trial, but I feel I should have a lawyer who is on my side, and not trying to make me take a plea. Should I stay with him or try to get another lawyer so close to my trial? I don't want to be the one doing all the work. I feel like if the lawyer would do his job and collect all the evidence to the D.A. my case would be dismissed.
Customer: replied 1 year ago.
What do you think my best option will be?
Expert:  Dwayne B. replied 1 year ago.

It's my belief that if you have a lawyer who doesn't believe in your case then it's usually better to get another one although the judge may not agree to give you another court appointed one so that might mean having to hire your own.

Once the lawyer knows you're serious about going to trial then they will likely do a good job of preparing, it's just that many lawyers don't do a lot of trial work no matter what they may make you think.