Can You Be Convicted of DWI in Texas Without a Breath or Blood Test?

Many people assume that a Texas DWI conviction requires a breath or blood test showing an alcohol concentration of at least 0.08. That assumption is incorrect. Prosecutors may pursue DWI charges even when a driver refused chemical testing or no usable specimen was collected. In these cases, the prosecution often relies on police observations, driving behavior, field sobriety exercises, and recorded statements. At The Law Office of Alex Tyra, P.C., we examine whether that evidence is sufficient to prove intoxication beyond a reasonable doubt.

Texas Law Does Not Require a Specific Alcohol Reading

Texas Penal Code § 49.01 provides two alternative definitions of intoxication. The state may prove intoxication through an alcohol concentration of 0.08 or more, or by establishing that alcohol, drugs, or another qualifying substance caused the loss of normal mental or physical faculties.

Consequently, a person can face DWI charges without chemical test results. An officer may testify that the driver had slurred speech, difficulty balancing, bloodshot eyes, or other alleged signs of impairment.

However, these observations must be evaluated in context. Fatigue, injuries, anxiety, medical conditions, and environmental factors may affect a person’s appearance or performance.

Challenging Officer Observations

Police officers frequently administer standardized field sobriety tests to gather evidence of impairment. These exercises may include horizontal gaze nystagmus testing, the walk-and-turn test, and the one-leg-stand test.

We examine whether the officer administered the exercises correctly and whether the conditions were appropriate. Uneven pavement, poor lighting, physical limitations, and unclear instructions may affect performance.

Body-camera and dash-camera recordings can also reveal differences between an officer’s written report and what actually occurred.

Refusing Chemical Testing Has Separate Consequences

Although a refusal does not automatically establish criminal guilt, it may create driver’s license consequences under Texas Transportation Code Chapter 724. The prosecution may also seek to introduce evidence of a refusal, subject to applicable evidentiary rules.

We evaluate the circumstances of the testing request, the warnings provided, and any subsequent search warrant.

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

If you were arrested for DWI without a breath or blood test in Longview or East Texas, the prosecution must still prove its case. Call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.