What Happens If You Refuse a Breath Test in Texas?

Getting stopped for suspicion of Driving While Intoxicated (DWI) in Texas is a stressful experience. In that moment, one of the key decisions you may face is whether or not to submit to a breath test. Many drivers hesitate, fearing that a high blood alcohol content (BAC) reading could be used as strong evidence in court. However, refusing a breath test in Texas comes with serious legal consequences, even before a DWI conviction occurs.

Here’s what you need to know about what happens if you refuse a breath test in Texas.

Texas Implied Consent Law

Texas operates under an implied consent law, outlined in Texas Transportation Code § 724.011. This law states that by driving on public roads in Texas, you have implicitly agreed to submit to a breath or blood test if a law enforcement officer has probable cause to believe you are driving while intoxicated.

This doesn’t mean the officer can force you to take the test (except in limited situations, such as accidents involving serious injury or death), but refusal carries automatic penalties.

What Are the Penalties for Refusing a Breath Test?

Refusing to take a breathalyzer can trigger immediate administrative penalties, regardless of whether you are eventually convicted of DWI. These penalties include:

• Automatic license suspension for 180 days on a first refusal.

• For a second refusal within 10 years, the suspension increases to 2 years.

• Your refusal can also be used as evidence of “consciousness of guilt” in court, potentially hurting your DWI defense.

The arresting officer will confiscate your driver’s license and issue a Notice of Suspension along with a temporary permit (usually valid for 40 days). You then have 15 days to request an Administrative License Revocation (ALR) hearing to challenge the suspension.

Can You Win an ALR Hearing?

Yes, but it’s difficult without legal help. An ALR hearing is your opportunity to challenge the license suspension. It’s not about whether you were intoxicated, but whether:

1. The officer had reasonable suspicion to stop you.

2. The officer had probable cause to believe you were intoxicated.

3. You refused the test after being properly informed of the consequences.

Having an attorney represent you at the ALR hearing is critical. Winning the hearing can prevent your license suspension and potentially help your underlying DWI case.

Is It Ever Better to Refuse the Test?

Refusing a breath test may limit the prosecution’s evidence, especially if there’s no blood test or field sobriety test results. However, prosecutors can still use video footage, officer testimony, and your refusal itself to argue impairment. Also, a refusal doesn’t protect you from being arrested—and your license will likely be suspended regardless.

In some cases, refusing might be strategically beneficial, but it often creates more problems than it solves. An experienced DWI defense attorney can help you weigh your options and determine the best defense strategy after a refusal.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work toward a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you protect your future.