I have a couple of questions that hopefully lawyers and/or police officers could answer for me.
First of all, I don’t drink and drive, period. If I have a glass of alcohol, I don’t drive for at least several hours, period. I’m not trying to “beat the system” in any way, and would never drive drunk. I loathe people who do.
That being said, if I ever got pulled over and asked to take a breathalyzer, I would want to refuse. I have heard that even if you blow a 0.00, the officer is just going to arrest you anyway and try to come up with a reason for why you were showing signs of impaired driving, loss of faculties, etc. I don’t believe blowing can ever help. Maybe I’m wrong on that point. Every lawyer advertisement I see, everywhere, says DON’T BLOW! I tend to think they know what they’re talking about.
For Texas specifically, I want to know how the law is written, as in, I want to know what counts as refusing to blow. I know that if you refuse, its an automatic suspension of your license for 180 days.
What if, when the officer asks me to blow, I simply say “I am asserting my right to remain silent.” Does that count as refusing?
What if I ask several questions about it, on and on and on, without ever consenting or refusing? Basically just stall for time saying “I’m not saying either way right now, I need to know more about it before I answer.” What if I kept asking things about the reliability of breathalyzers, whether or not the sample will be retained so that it can be scientifically verified again at trial, etc.
What if I close my eyes and fall asleep?
Basically, what counts as a refusal? How long do I have from the moment he says “I need you to do a breathalyzer for me right now” to decide what I will do, give an answer either way, etc?