Refusing a breath or blood test during a DWI investigation can create consequences separate from the criminal charge. Drivers sometimes refuse because they distrust the testing equipment, fear the result, or misunderstand the officer’s instructions. Although a refusal may leave prosecutors without a particular chemical test result, it does not prevent a DWI prosecution. At The Law Office of Alex Tyra, P.C., we help East Texas drivers understand how a refusal may affect both their criminal case and their driving privileges.

Texas Implied Consent Laws

Texas Transportation Code Chapter 724 governs implied consent for intoxication testing. When an officer makes a qualifying arrest, the driver may be asked to provide a breath or blood specimen.

Under § 724.015, officers generally must provide specified warnings concerning the consequences of refusal. Those consequences may include an administrative license suspension, and evidence of the refusal may be admissible in the criminal case under § 724.061.

Refusing a test also does not necessarily prevent officers from seeking a search warrant for a blood specimen.

The Administrative License Suspension

A qualifying refusal may trigger an Administrative License Revocation proceeding. Drivers generally have 15 days after receiving the suspension notice to request a hearing.

The hearing is separate from the DWI prosecution. We examine whether the arrest was supported by probable cause, whether the testing request and refusal were properly documented, and whether the required administrative procedures were followed.

Defending a DWI Charge After Refusal

Prosecutors may rely on driving behavior, field sobriety exercises, officer testimony, and video recordings to establish intoxication.

We evaluate whether those observations are reliable and whether the prosecution can prove intoxication beyond a reasonable doubt.

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

If you refused chemical testing after a DWI arrest in Longview or anywhere in East Texas, act promptly to protect your rights. Call (903) 753-7499 to schedule your free consultation with The Law Office of Alex Tyra, P.C.