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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 Kerrisa Chelkowski!

Find answers to other common DWI FAQ here, or contact us today.

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