What Is DWI Breath Test Refusal & ALR Hearing?
Under Texas law, when a person is arrested for DWI, law enforcement will typically request a breath or blood test to measure blood alcohol concentration (BAC). The legal limit in Texas is 0.08% BAC for most drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21. If you refused the breath test, the officer likely obtained a warrant for a blood draw — Texas law allows officers to obtain warrants for mandatory blood draws in DWI cases, and refusal does not always prevent the prosecution from obtaining BAC evidence. If you submitted to a breath test using the Intoxilyzer 9000 (the breathalyzer used by Texas law enforcement), or if a blood sample was drawn and analyzed by a Texas DPS laboratory, the prosecution will use those results as key evidence in your case. Both breath and blood test results can be challenged on scientific and procedural grounds. In El Paso, DWI breath and blood test evidence is collected by the El Paso Police Department, the El Paso County Sheriff's Office, and the Texas Department of Public Safety, and analyzed by the DPS Crime Laboratory. Attorney Aaronson has extensive experience challenging the reliability of evidence collected and analyzed by each of these agencies.
Penalties in Texas — What You Are Facing
The penalties you face depend on whether this is a first, second, or subsequent DWI offense, but the chemical test evidence — or your refusal — significantly affects the prosecution's case. Refusing a breathalyzer triggers an automatic 180-day license suspension for a first refusal and a two-year suspension for subsequent refusals, separate from any criminal penalties. If convicted of DWI based on chemical test evidence showing a BAC of 0.15% or higher, you face enhanced penalties including mandatory installation of an ignition interlock device. For a first-offense DWI conviction, penalties include up to 180 days in county jail, fines up to $2,000, and license suspension of 90 days to one year. For a second offense, mandatory minimum jail time of 30 days applies. The prosecution will use your test results or your refusal aggressively — but neither is insurmountable with the right defense attorney.
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The Legal Process in El Paso, Texas
After a DWI arrest involving a breath or blood test in El Paso, two proceedings begin simultaneously. The Administrative License Revocation (ALR) process through the Texas DPS must be triggered within 15 days of your arrest by requesting a hearing — otherwise your license is automatically suspended. In the ALR hearing, your attorney can cross-examine the arresting officer and challenge the basis for the suspension. In the criminal case, your attorney can file a motion for discovery to obtain all records related to the breathalyzer's calibration and maintenance history, the officer's certification and training records, the blood draw procedures and chain of custody documentation, the laboratory's accreditation records, and the analyst's qualifications and notes. These records frequently reveal issues that can challenge the reliability of the test results. In some cases, a successful motion to suppress the chemical test evidence can result in a dismissal of the DWI charge entirely.
Defense Strategies That Work in El Paso Courts
Attorney Aaronson challenges chemical test evidence in El Paso DWI cases through multiple avenues. For breathalyzer evidence, he examines the Intoxilyzer 9000's calibration and maintenance records — the machine must be calibrated regularly and maintained according to strict protocols. He reviews the arresting officer's certification and training records for administering breath tests. He investigates whether the 15-minute observation period required before the breath test was properly conducted. He examines whether any mouth alcohol, medical conditions, or environmental factors could have affected the reading. For blood test evidence, he scrutinizes the chain of custody documentation from the blood draw through laboratory analysis. He examines whether the blood draw was conducted by a qualified person in a medically appropriate manner. He reviews the laboratory's accreditation status and the analyst's qualifications. He investigates whether the blood sample was properly stored and whether any fermentation or contamination could have affected the results. He also examines whether the warrant obtained for a blood draw was properly supported by probable cause. Many DWI cases involving chemical test evidence in El Paso have been successfully challenged when these records reveal procedural errors, equipment failures, or constitutional violations.
Why Choose Aaronson Law Firm for DWI Breath Test Refusal & ALR Hearing in El Paso
Attorney Aaronson has spent over 45 years challenging breath and blood test evidence in El Paso DWI cases. He has an in-depth understanding of the science behind BAC testing, the specific equipment used by El Paso law enforcement, and the procedural requirements that must be followed for chemical test evidence to be admissible in El Paso County courts. He works with forensic toxicology experts when necessary to identify flaws in the collection, storage, and analysis of chemical samples. His thorough approach to evidence review has helped clients throughout El Paso — from the Westside to the Eastside, from Kern Place to Northeast El Paso, from Horizon City to Socorro — achieve favorable outcomes in cases where chemical test results initially seemed overwhelming. When you hire Aaronson Law Firm, you get an attorney who will leave no stone unturned in challenging the evidence against you.
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Do not let flawed chemical test evidence or a breathalyzer refusal define the outcome of your DWI case.
Call Aaronson Law Firm at (915) 533-0110 right now for a free, confidential consultation. We are available 24/7 for urgent DWI matters throughout El Paso, Horizon City, Socorro, and the surrounding area. Remember: you have only 15 days from your arrest to request an ALR hearing — call now.
Available 24/7 for urgent matters · 45+ years defending El Paso residents