Can You Refuse a Breathalyzer Test in Texas?

Getting pulled over on suspicion of drunk driving in Texas can be a stressful experience. If a police officer asks you to take a breathalyzer test, you might wonder — can you refuse? The answer isn’t as simple as a yes or no. While you have the right to refuse a breath or blood test, doing so comes with serious legal consequences. In this blog, our DWI attorney will break down Texas law, your rights, and what happens if you refuse a breathalyzer in Texas.

Texas' Implied Consent Law

Texas has implied consent laws, which means that by driving on Texas roads, you automatically agree to take a breathalyzer test, blood test, or urine test if law enforcement has probable cause to believe you are legally intoxicated. This applies whether it’s a routine traffic stop or a DWI arrest.

However, implied consent doesn’t mean you must take the test. You can refuse a breathalyzer test, but doing so triggers civil consequences, including an automatic driver’s license suspension.

Is Refusing a Breathalyzer a Good Idea?

Refusing a breathalyzer test in Texas can sometimes help your DUI defense, but it doesn’t always work in your favor.

When to Refuse

In most situations, refusing the test makes it harder for the state to prove its case against you. If the prosecution has a BAC test result over 0.08, their argument becomes stronger. Without that evidence, they have to rely on field sobriety tests, officer observations, and other circumstantial evidence, which can leave more room for reasonable doubt in court.

However, refusing the breathalyzer doesn’t mean you’re in the clear. Law enforcement will often obtain a search warrant for a blood sample, and if they do, they’ll get your BAC anyway. But there are times when they don’t follow through with a warrant. If that happens, you could end up with a DWI charge without any BAC evidence at all, making your case easier to defend.

When to Accept

That said, refusal isn’t always the right move. If you know with certainty that you’ve had only one or two beers — not mixed drinks, not heavy pours, but standard 12 oz. beers — taking the breathalyzer might actually work in your favor. If your BAC comes back below the legal limit, you could avoid a DWI conviction entirely.

For most people, though, taking the test gives prosecutors precisely what they need to convict. In general, avoiding the breathalyzer is the safer bet — just be aware that it may lead to an automatic license suspension and, in some cases, won’t stop the state from testing your blood anyway.

What Happens If You Refuse a Breathalyzer in Texas

When pulled over for DWI, refusing a breathalyzer test in Texas leads to immediate legal and administrative consequences, even if you weren’t over the legal limit at the time of the police arrest. Here’s what you can expect:

• Immediate driver’s license suspension: The Texas Department of Public Safety (DPS) will automatically suspend your license for 180 days for a first-time refusal.
  
  • Longer suspensions for repeat offenses: If you have prior DWI convictions or have previously refused a breath or blood test, your license could be suspended for up to two years.
• Civil penalties: Refusing a breathalyzer isn’t a criminal offense but triggers a civil process known as administrative license revocation (ALR). More on that in a later section.
• Impact on your criminal case: Refusing a breathalyzer can make the prosecution’s case harder, as they won’t have a BAC test result to use against you. However, law enforcement may still obtain a search warrant for a blood sample, which could provide even stronger evidence. If they don’t get a warrant, you could avoid having a BAC on record, making your DWI defense easier. But if you know you are well under the legal limit, taking the test may actually help your case by proving your sobriety.

Refusing isn’t a guaranteed advantage or disadvantage — it depends on your situation and whether the police take further action to obtain evidence against you.

Can the Police Force You to Take a Blood Test?

In some cases, refusing a breathalyzer test doesn’t mean you avoid a chemical test. If a suspected drunk driver refuses, police can seek a search warrant to draw a blood sample. Judges often grant these warrants quickly, meaning if a driver refuses, they will only end up getting tested anyway.

There are also situations where consent isn’t needed:

• If the driver was involved in a crash causing serious bodily injury or death
• If the driver has prior DWI convictions for offenses like driving under the influence of a dangerous drug
• If the driver was arrested for a DUI offense with a child passenger

The Administrative and Criminal Process After Refusing a Test

Once you refuse a breathalyzer test in Texas, two legal processes begin:

1. The Civil Process (ALR Hearing)
   
   • You can challenge your automatic license suspension by requesting a formal hearing before an administrative law judge within 15 days of your arrest.
   • If you don’t request a hearing, you will face a default judgment suspending your license.
   • Winning the hearing can restore your driver’s license but doesn’t affect your criminal DWI case.
   • For some drivers, avoiding a lengthy license suspension may require agreeing to certain conditions, such as installing an ignition interlock device, which prevents a vehicle from starting if alcohol is detected.
2. The Criminal Process
   
   • Even without BAC evidence, prosecutors can use field sobriety tests, officer observations, and prior DWI convictions to convict you. Without a BAC result, your DWI defense may focus on reasonable doubt regarding whether you were legally intoxicated.
     However, if a blood sample is taken, the consequences depend on the BAC level:
     
     • 0.08% or higher: This is the legal limit in Texas. A driver at or above this level is considered intoxicated and can be charged with a DWI.
     • 0.15% or higher: A BAC at this level elevates the charge to a Class A misdemeanor, carrying harsher penalties, including higher fines, longer license suspensions, and possible jail time.
     • Any detectable BAC for drivers under 21: Texas has a zero-tolerance policy for underage drinking and driving. Even a small amount of alcohol can lead to a DUI charge.
     • 0.04% or higher for Commercial drivers: Commercial drivers face stricter limits. A BAC of 0.04% or more can result in a DWI charge and disqualification from operating a commercial vehicle.

Even without a test result, other evidence can still lead to a DWI conviction, and penalties increase if a blood or breath test later confirms a high BAC level.

Your Freedom Is at Stake- It’s Time to Fight Back

If you’re facing a DWI arrest in Williamson County and have refused a breathalyzer test, you need a strong legal defense. Ryan H. Deck has extensive experience with Texas law and fighting DWI convictions. Whether challenging implied consent laws or seeking to restore your driver’s license, Ryan H. Deck is ready to defend your rights. Contact us for a free case review, and let's start building your defense together.