What Happens If You Refuse a Breath Test After a DWI Stop in Texas?

If you’re pulled over in Texas and an officer suspects you’ve been drinking, you might be asked to take a breathalyzer test. Many people hesitate—and some flat-out refuse. But what happens next? Can refusing actually hurt your case? The answer is: it depends.

Understanding the legal consequences of refusing a breath test in Texas is key to making informed decisions and building your defense after a DWI arrest.

Texas Has an “Implied Consent” Law

Under Texas Transportation Code §724.011, when you drive on public roads in Texas, you automatically consent to submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DWI. This is known as the Implied Consent law.

That means if a police officer has probable cause to believe you’re driving while intoxicated, and you’ve been placed under arrest, refusing to take a breath test can trigger automatic consequences—even if you’re never convicted.

What Are the Penalties for Refusing a Breath Test?

If you refuse to take a breath test after a lawful DWI arrest, here’s what can happen:

• License Suspension: Your driver’s license can be suspended for 180 days for a first refusal. If you’ve previously refused or had a DWI-related suspension, the penalty can increase to 2 years.

• Evidentiary Use in Court: Prosecutors can tell the jury you refused the test. They may argue this indicates you knew you were intoxicated.

• Administrative License Revocation (ALR) Hearing: You have only 15 days from the date of your arrest to request a hearing to challenge the suspension.

Many people don’t realize the license suspension is separate from the criminal DWI case. Even if you win your DWI case, the suspension from refusing a test could still stand unless you fight it through the ALR hearing process.

What If You Were Never Properly Informed?

Texas law requires officers to read a specific statutory warning (DIC-24) before requesting a breath or blood sample. This warning informs you that refusal will result in license suspension and may be used against you in court.

If the officer failed to give this warning, or if you were coerced or confused, an experienced DWI defense attorney can use that to challenge the suspension or exclude the refusal from your criminal case.

Should You Refuse the Test?

There’s no one-size-fits-all answer. Refusing a breath test may deny police a key piece of evidence, but it also triggers immediate consequences. Factors to consider:

• If you believe you are clearly over the limit, refusing might help prevent a high BAC result from entering evidence.

• If you have a prior DWI, refusing may increase your penalties.

• If you’re confident you’re under the limit or haven’t had much to drink, taking the test might help avoid charges altogether.

This is why it’s so important to speak with a DWI defense lawyer as soon as possible after your arrest. There are time-sensitive actions you must take to protect your license and your future.

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 handle the complexities of your case and work toward a favorable resolution.

A Texas DWI conviction can affect your job, your license, your insurance, and your freedom. The Law Office of Alex Tyra, P.C. is dedicated to defending people just like you. Contact us today at (903) 753-7499 to schedule your free consultation. Let our experience work for you when it matters most.