Criminal defense across Denton County and Collin County
DWI Denton County - Refusal of the Portable Breath Test
A portable breath test device, commonly referred to as a PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine if a driver is intoxicated. These devices are not approved by Texas Department of Public Safety for use in criminal prosecutions or in administrative license revocation proceedings. Moreover, neither the Texas judiciary nor the vast majority of the scientific community have not recognized PBT’s as being accurate or reliable devices for the detection of intoxicated drivers. There is no "implied consent" for purposes of compelling a person to submit to a PBT. Accordingly, there is no driver’s license suspension where a person refuses to a law enforcement request to submit to a PBT.
If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000.
*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney."
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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Collin County By Appointment Only 972-724-4820 7200 Dallas Parkway Plano , TX 75024
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- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024