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What Happens If You Refuse A Breathalyzer Test In Texas?
John D.
Drunk (DWI) driving in Texas is a serious charge. If the police are pulling you and suspect you’re under the influence of alcohol, they can ask you to do a breathalyzer test. But what will happen if you say no?
There are legal consequences for refusing to breathe in Texas, even if you are not drunk. Some people think saying no will help them avoid DWI charges. In truth, that decision may make things worse. This blog explains what happens if you refuse the test, what rights you have, and how Texas law handles the situation.
Texas Implied Consent Law
After an arrest, the accused is taken to the local jail. In the jail, a book or place where one is held, the defendant will go through the process of booking or having his picture taken, his fingerprints taken, his personal information recorded, and so on.
While that is never any fun, it is routine. There could be some hours spent in the holding cell or perhaps overnight.
It might be that they could post bail and walk away quite fast. Car towing is yet another issue to be tackled later. It is an anxious night ahead, but a whole new story is yet to come.
Immediate Penalties For Refusal
When you refuse a breathalyzer in Texas, the police officer takes your driver’s license on the spot. They give you a temporary driving permit that lasts for 40 days. After that, your license will be suspended unless you fight it through a hearing.
Here’s what happens if it’s your first refusal:
- License suspension for 180 days
If you’ve refused a test before or have a prior DWI conviction:
- License suspension for up to 2 years
This suspension is part of an administrative process, not a criminal case. Even if you are never guilty of DWI, you can still lose your license.
Administrative License Revocation (ALR) Process
There is a special system in Texas called the Administrative License Recovery (ALR) program. It handles the license suspension after a breathalyzer or a failure of a blood test.
If you deny the test, you only have 15 days to ask for an ALR hearing. If you miss that time limit, your license will automatically be suspended after the 40-day temporary permit is over.
During the ALR hearing, you or your lawyer can challenge the suspension.
You can argue that:
- The officer didn’t have legal grounds to stop or arrest you
- You didn’t refuse the test
- The officer didn’t follow proper procedures
Winning the hearing might let you keep your license, but the process is tough without legal help.
Can The Police Still Test You Without Consent?
Yes. Refusing the test doesn’t always stop police from getting a sample. Texas law allows officers to apply for a warrant to take your blood without your permission. Judges are available 24/7, so warrants are often granted within minutes.
Also, there are exceptions where no warrant is needed. These include:
- If someone was hurt or killed in a crash
- If you have two or more prior DWI convictions
- If you had a child passenger during the stop
In those cases, refusing doesn’t matter. You’ll still be tested by force, and the results can be used in court.
Refusal As Evidence In Court
If you refuse the breathalyzer, the prosecutor can bring it up in court. They may argue that you refused because you knew you were guilty. That’s called showing “consciousness of guilt.”
Although the rejection does not prove that you were drunk, juries often see it as suspicious. This can damage your case, especially if other evidence, such as slurred speech, failed area test, or alcohol odor, is present.
A refusal may also limit the possibility of obtaining a petition agreement. Prosecutors sometimes go harder on cases with less cooperation.
Refusing Vs. Failing The Test
Some people think refusing the test is better than failing it. But both choices have risks.
If You Fail a Breath Test:
- License Suspension: 90 days (for the first offense)
- Use in Court: Your BAC (blood alcohol content) can be used as evidence against you.
- Possible Result: Might help with negotiating a plea deal.
If You Refuse a Breath Test:
- License Suspension: 180 days (for the first refusal)
- Use in Court: Your refusal can be used as evidence.
- Possible Result: No BAC evidence available, but defending your case may become more difficult and penalties can be harsher.
Note: Refusing the test doubles your license suspension. However, it doesn’t prevent a DWI charge officers can still arrest and charge you based on other signs of intoxication.
Should You Refuse The Breathalyzer?
Many people ask, “Should I take the test or refuse it?” The answer isn’t simple. Every situation is different. But in most cases, refusing the test does not help you avoid legal trouble.
If you’re not intoxicated, taking the test may work in your favor. It could show a BAC under the legal limit, and it might support your case.
If you are intoxicated, refusing the test won’t prevent arrest or a DWI charge. The officer may get a warrant for a blood test anyway. Plus, you’ll face automatic license suspension and a harder time defending yourself in court.
If you’re not sure what to do, ask for a lawyer as soon as possible. Don’t argue or fight the officer. Just state clearly that you want legal counsel before making any decisions.
What If You’ve Already Refused The Test?
If you’ve already refused the breathalyzer, act quickly. You have just 15 days to request an ALR hearing to fight your license suspension. Missing the deadline means automatic suspension. A DWI lawyer can challenge the traffic stop, arrest, or refusal claim. Don’t delay; legal help can protect your driving rights and improve your case outcome. Taking the right steps early makes a big difference in Texas DWI cases.
Public Debate And Calls For Reform
Some civil rights groups have challenged Texas’s implied consent law. They argue that automatic penalties for refusing a test violate a person’s right to remain silent and not self-incriminate. Yet, courts have repeatedly upheld these laws as valid. For now, Texas continues to enforce strict penalties for refusal.
Conclusion
Refusing a breathalyzer test in Texas may seem like a smart move, but it often leads to more problems. You risk losing your license, facing stronger prosecution, and still getting tested by force. If you’ve refused or been charged with DWI, contact L&L Law Group today for skilled legal defense in Texas.