While sometimes it’s in your best interest to refuse to voluntarily provide a breath or blood sample following a DWI arrest, you should be aware of the repercussions of doing so.  Texas has an  implied consent law that require drivers to submit to these tests when suspected of driving under the influence of alcohol or drugs. Upon refusal, there can be automatic penalties imposed.

If you are facing the consequences of refusing a chemical test, seek help from a DWI defense lawyer immediately. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer we will break down the benefits and hills to overcome as a result of your refusal.

Overview of Texas DWI Laws

In Texas, driving while intoxicated (DWI) is a serious offense with severe consequences. The legal blood alcohol concentration (BAC) limit for most drivers is 0.08%. If you are pulled over by law enforcement and suspected of driving under the influence, you may be asked to submit a breath or blood specimen and the results can play a key role in your DWI case.

When Are You Required to Submit to a Breathalyzer or Blood Test in Texas?

Under Texas law, if you are lawfully stopped or arrested by an officer who has probable cause to believe that you are driving while intoxicated, you are generally asked to submit to a breath or blood test. This is known as the implied consent law. By obtaining a driver’s license in Texas, you automatically consent to these tests when suspected of DWI. This also means that refusing to take the test can result in an automatic driver license suspension..

What Happens to My License If I Refuse to Give a Breath or Blood Sample in Texas?

If you refuse to take a chemical test in Texas when requested by a law enforcement officer, your driver’s license will be subject to immediate suspension. The length of the suspension can vary depending on several factors, including whether you have any prior DWI convictions or if you have previously refused a chemical test. For a first-time refusal, your license may be suspended for 180 days. Subsequent refusals can result in longer suspensions.

The administrative license suspension is a civil matter, and you have a limited time, usually 15 days from the date of the arrest, to request an administrative license revocation hearing to contest the suspension. Always consult a DWI defense lawyer immediately so they can take the necessary steps to protect your license when possible. 

During the revocation hearing, your attorney can present arguments and evidence to challenge the suspension and obtain early discovery of documents relevant to the underlying DWI case.  You want defense representation to guide you through this process effectively and increase your chances of retaining your driving privileges.

Understanding What Happens to Your Driver’s License Under Texas Implied Consent Laws

Refusing a breath or blood test after a DWI stop in Texas may result in an automatic driver’s license suspension. Texas follows implied consent laws, meaning that by obtaining a driver’s license, you have agreed to submit to chemical testing if lawfully arrested for driving while intoxicated (DWI). However, you have the right to refuse—though doing so may come with serious consequences.

If an officer suspects intoxication and requests a chemical test, refusing it could lead to immediate license confiscation and an Administrative License Revocation (ALR) hearing process. Additionally, officers may obtain a warrant for a mandatory blood draw, especially in cases involving accidents, minors, or repeat offenses.

What to Do After Declining a Breath or Blood Test

Taking swift and informed action after refusing a breath or blood test can help mitigate the repercussions. The first step involves promptly requesting an ALR hearing within 15 days to contest the automatic suspension of your license. 

Engaging an experienced criminal defense attorney can provide critical insights into potential legal defenses and procedural nuances. While refusing a test does not eliminate the risk of prosecution, authorities may rely on other forms of evidence, such as officer observations and field sobriety results, to build their case. 

If the suspension remains in place, securing an Occupational Driver’s License (ODL) could help maintain necessary mobility for work, education, and essential daily activities. Staying updated on Texas DWI regulations and understanding potential legal shifts may also improve your preparedness for future proceedings.

 

Other Consequences of Refusing to Submit to a Breathalyzer or Blood Test

The consequences of refusing to submit to a breathalyzer or blood test can extend beyond the immediate suspension of your driver’s license. If you are ultimately charged with DWI, the fact that you refused the test can be used against you in court. It may be seen as consciousness of guilt and can negatively impact your defense.

How Long Might Your Driver’s License Be Suspended for Refusing a Test?

A driver’s license suspension for refusal may range from 180 days to two years, depending on prior offenses. The Texas Department of Public Safety (DPS) enforces the following penalties:

• First refusal: Up to 180-day suspension
• Second refusal (within 10 years): Up to two-year suspension
• Commercial drivers: A refusal may result in a one-year disqualification from holding a commercial driver’s license (CDL)

You may face a suspension for a DWI conviction as well as an additional suspension for refusing or failing a blood or breath test from the same arrest. Even if you are not convicted of DWI, the suspension for a test refusal can still be imposed. Also, refusal to take a chemical test does not avoid prosecution, as prosecutors may base an impaired driving charge on other evidence, such as field sobriety tests and officer testimony, in building a case against you.

Is It Possible to Contest a License Suspension After Refusing a Breath or Blood Test?

Contesting a driver’s license suspension after refusing a breath or blood test requires swift action. Within 15 days of the arrest, a request must be filed for an ALR hearing, where the defense can argue whether the officer had reasonable grounds to make the stop and arrest. A legal challenge may focus on procedural errors, lack of probable cause, or failure to properly inform the driver of the consequences of refusal. If the challenge is successful, the suspension may be revoked, restoring full driving privileges. If unsuccessful, an Occupational Driver’s License (ODL) may still be an option, allowing limited driving for work, school, and essential activities. Each case is unique, making legal representation crucial in navigating the complexities of Texas DWI laws.

The Role of a Blood Test in DWI cases

Blood tests provide scientific evidence of your blood alcohol content or the presence of drugs in your system. This evidence is highly significant in DWI cases as it establishes a measurable level of impairment. Without a chemical test, the prosecution may still rely on other forms of evidence, such as performance on field sobriety tests, eyewitness testimony or officer observations, which may be more subjective and open to interpretation. Know more about what happens if you miss a drug test on bond here.

We advise our clients to never consent to a blood draw.  If you feel that your BAC is at a level below .08 and you have made the decision to provide a sample, we advise that you consent to a breath sample rather than blood.   Compared to a blood draw, a breath sample is easier to attack at trial, attributes to your cooperativeness, and can’t be used later to test for other substances.

Defending Against a DWI Charge for Refusing a Breath or Blood Test

Several legal defenses may help reduce penalties or dismiss a case involving a DWI test refusal. A strong criminal defense strategy may involve:

• Lack of probable cause: If the officer lacked a valid reason to stop your vehicle, the arrest may be challenged.
• Violation of procedural rights: If the officer did not properly explain the consequences of refusal, the case might be dismissed.
• Medical conditions or external factors: Certain health issues or environmental conditions may have contributed to an officer’s suspicion of intoxication.
• Unlawful search and seizure: If a blood test was taken without a valid warrant or proper consent, the evidence may be suppressed.

A knowledgeable Austin DWI defense attorney can analyze the details of your arrest and determine the best approach to challenging a license suspension or DWI charge.

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Austin Criminal Defense Lawyer

Seek Immediate Help from an Austin DWI Defense Attorney

If you have refused a breath or blood sample following a DWI arrest in Austin, Texas, it is in your best interest to seek immediate help from an experienced DWI defense attorney. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer we defend individuals facing DWI charges and license suspensions. 

Contact our Austin DWI defense attorneys today online or at (512)-369-3737 for a consultation. 

Other DWI resources you might be interested in:

• How Long Does a DWI Stay on Your Record in Texas?
• How to Get a Second DWI Charge Reduced in Texas 
• A First DWI Penalty is Punishable By How Much in Texas?
• Are There DWI Surcharges in Texas?
• How Much Does a DWI Lawyer cost in Texas