Getting pulled over for suspected DWI in Texas can be a nerve-wracking experience. One of the first questions an officer may ask is whether you’re willing to take a breathalyzer test. In that moment, uncertainty is normal. Can you refuse? What happens if you do?
Here’s what every Texas driver should know before making that decision.
Texas Implied Consent Law
Texas has what’s called implied consent. This means that if you’re lawfully arrested for DWI, you’ve already given your consent to chemical testing of your breath or blood just by driving on Texas roads.
However, that consent only applies after a lawful arrest. Before you’re arrested, you’re allowed to refuse a roadside portable breath test without automatic penalties. But refusing a breath test after arrest carries real consequences.
What Happens If You Refuse?
You can legally refuse a post-arrest breath test, but that decision does not come without penalties. Here’s what you can expect:
- License Suspension: Refusing a post-arrest breathalyzer triggers an automatic driver’s license suspension through the Administrative License Revocation process. A first-time refusal can lead to a 180-day suspension. Repeat refusals can result in a suspension of up to two years.
- Court Evidence: Prosecutors can use your refusal against you in court. A refusal may be seen as an admission of guilt, or at least suggest that you were trying to hide intoxication.
- Forced Testing: If there is a serious crash involving injury or death, or if you have a prior DWI conviction, police may be able to get a warrant and conduct a blood draw without your consent.
Not All Breath Tests Are the Same
It’s important to know the difference between the two types of breath tests.
- Roadside portable breath tests are used before arrest. They help officers establish probable cause. You are not required to take this test, and refusing it does not result in license suspension.
- Official breathalyzer tests happen after arrest at the police station. Refusing this test carries legal and administrative consequences under Texas law.
Can You Challenge a Suspension?
If your license is suspended for refusing a breath test, you have just 15 days from the date of arrest to request a hearing. This is known as an Administrative License Revocation hearing.
The hearing gives your attorney a chance to question the arresting officer and challenge whether the stop was legal, whether you were informed of your rights, and whether the refusal was recorded properly. It also gives your legal team a preview of the evidence that might be used in your DWI case.
Should You Refuse?
There is no single “correct” answer to this question. Depending on your situation, like whether you’ve had a prior DWI, hold a commercial license, or believe your BAC is low, the best option may vary. Refusing a breathalyzer may limit the evidence available to the state, which could help your defense. But it also means an automatic license suspension and the possibility of being portrayed negatively in court.
Agreeing to the test may give you a shot at showing a blood alcohol concentration near or below the legal limit. That can work in your favor, depending on the circumstances. The smartest choice is to speak with an attorney as soon as possible so you understand your rights and options.
Why Legal Help Matters
DWI charges in Texas carry serious consequences. Whether you refused a test or took one, you still need a solid legal strategy. Working with an experienced attorney can help you manage the criminal side of your case as well as the license suspension process.
Contact Guest & Gray Today To Speak About Your Case
If you’ve been arrested for DWI or refused a breath test in Texas, time is critical. At Guest & Gray, we help clients fight DWI charges, challenge license suspensions, and protect their future.
Contact us today to schedule a consultation and let us help you move forward with confidence.
