Can I Refuse a Breath or Blood Test?
Implied Consent Law in Texas
If you get pulled over for allegedly driving while intoxicated (DWI) in
Texas, you will likely be asked to take a blood or breath test. It is
important to know what response to give and how to handle the situation.
In the state of Texas,
you are required to take a chemical test, such as a breath, blood, or urine test, if you are
arrested for DWI.
The state of Texas has an "implied consent" law that states that
you must consent to taking a chemical test if you are lawfully arrested
under the probable cause that you have been driving while intoxicated.
The test must be taken at once and it is the officer's decision which
test you take. Once the test is submitted, you have the right to have
a blood test taken within two hours.
What if I refuse?
If you refuse to submit to a breath or blood test, it can be used as evidence
against you in court and you will receive an automatic license suspension
for a minimum of 190 days. Immediately after your refusal, the officer
will take your license. You will get a temporary permit in return that
is good for 41 days. You will need to
request a hearing within 15 days to challenge the suspension of your license. If you do
not request a hearing, your license will remain suspended for 180 days
for a first refusal.
Generally, it is not in your best interest to refuse to take a
blood or breath test because of Texas' implied consent law. If you are found guilty of
DWI, your license will be suspended for 90 days and you will be sentenced
to a minimum of three days in jail. Although the consequences of a DWI
are more severe than a refusal to submit to a chemical test, refusal does
not guarantee that you will not be found guilty of DWI.
If you have been arrest on charges of DWI in Texas,
call my San Antonio DWI firm today to get experienced and respected legal guidance from
Find answers to other common
DWI FAQ here!