If you are pulled over on suspicion of driving while intoxicated (DWI) in Texas, one of the first things law enforcement may ask is for you to take a breathalyzer test. This test measures your blood alcohol concentration (BAC) to determine whether you are over the legal limit.
Many drivers wonder if they have the right to refuse the test—and what the consequences of that decision might be. The answer is not simple, as Texas law includes “implied consent” rules that affect every driver on the road.
Texas Implied Consent Law
By holding a Texas driver’s license and operating a motor vehicle, you automatically agree to follow the state’s implied consent law. This means that if you are lawfully arrested for DWI, you have already consented to a chemical test of your breath or blood.
Refusing a test is possible, but it comes with automatic penalties that may impact your driving privileges and your criminal case.
What Happens If You Refuse a Breathalyzer in Texas?
Refusing a breathalyzer test does not mean you will avoid a DWI charge.
In fact, Texas imposes strict administrative penalties for refusal:
- First refusal – Driver’s license suspension for 180 days.
- Second or subsequent refusal – Suspension for up to two years.
- Refusal at the scene – Officers may still seek a warrant to perform a blood test without your consent.
Additionally, prosecutors can use your refusal as evidence in court, suggesting that you refused because you knew you were intoxicated.
Can Refusal Ever Help Your Case?
In some situations, refusing a breathalyzer test may limit the amount of direct evidence available against you. Without a BAC reading, the state must rely on other evidence, such as officer testimony, field sobriety tests, or video footage. However, because prosecutors can argue that refusal shows consciousness of guilt, this strategy carries risks. Whether refusal helps or hurts depends on the specific circumstances of your case.
Defending Against DWI Charges
Whether you took the test, refused it, or underwent a forced blood draw, a strong defense is critical.
Our experienced Bexar County criminal defense attorneys can:
- Challenge the legality of the traffic stop or arrest.
- Examine whether officers followed proper procedures when requesting or administering the test.
- Question the accuracy of the testing equipment or lab analysis.
- Argue against license suspension and fight to restore your driving privileges.
- Build a comprehensive defense to reduce charges, negotiate alternatives, or pursue dismissal.
Why Immediate Legal Help Matters
The consequences of a DWI in Texas are severe, including fines, jail time, license suspension, and a permanent criminal record. Refusing a breathalyzer adds additional challenges. Acting quickly after an arrest is the best way to protect your rights, your license, and your future.
Speak With Our San Antonio DWI Defense Attorneys Today
If you have been accused of refusing a breathalyzer test or charged with DWI in Texas, the criminal defense lawyers at Peek Law Group are here to help. Our experienced team understands the complexities of Texas DWI laws and will fight to protect your freedom and driving privileges.
Call (512) 399-2311 or complete our online form today to schedule a confidential consultation with our San Antonio defense attorneys.
