Can You Refuse a Breath or Blood Test in Texas? What Happens Next
TLDR:
Can You Refuse a Breath or Blood Test in Texas? What Happens Next
If you’re arrested for suspected DWI in Texas, an officer will likely ask you to take a breath or blood test. Many Texans — from Houston to Dallas to Austin — wonder whether they can legally refuse.
The answer is yes. But refusing comes with serious consequences.
What Is Texas “Implied Consent”?
Texas operates under an implied consent law. This means that by holding a Texas driver’s license and operating a vehicle on public roads, you have already agreed to chemical testing if lawfully arrested for DWI.
You technically can refuse — but the refusal automatically triggers penalties.
What Happens If You Refuse a Breath or Blood Test?
If you refuse testing:
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Your driver’s license is automatically confiscated.
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The Texas Department of Public Safety (DPS) initiates the Administrative License Revocation (ALR) process.
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You have only 15 days to request an ALR hearing.
If you do not request a hearing within 15 days, your license suspension begins automatically.
How Long Is the License Suspension for Refusal?
For a first refusal, suspension is typically:
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180 days
For a second or subsequent refusal, suspension can be:
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2 years
This applies statewide, whether your case is in San Antonio, Fort Worth, or a smaller Texas county.
Is Refusing Worse Than Failing the Test?
Sometimes, yes.
If you take the test and fail (BAC 0.08% or higher), suspension is often 90 days for a first offense — which is shorter than refusal.
However, every case is different, and legal strategy should be discussed with an attorney.
Can Police Still Get a Blood Sample?
Yes.
Even if you refuse, officers may obtain a search warrant to draw blood — especially if:
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There was an accident
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A minor was in the vehicle
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Someone was injured
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You have prior DWI convictions
Texas courts commonly approve these warrants.
What Happens After an ALR Suspension?
Even though ALR is separate from your criminal case, you must resolve both.
To reinstate your license, you typically must:
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Complete your court-ordered DWI Education Class
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Pay reinstatement fees
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Provide proof of compliance to DPS
At A Better Choice, our state-approved DWI Education Classes satisfy court and DPS requirements across Texas.
Can You Drive During a Suspension?
Possibly.
Some drivers may qualify for an occupational license, which allows limited driving for work, school, or essential needs.
This requires:
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Court approval
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Proof of necessity
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Compliance with restrictions
FAQs
Can I legally refuse a breath test in Texas?
Yes, but your license will likely be suspended.
How long is a suspension for refusing a test?
Typically 180 days for a first refusal.
Do I still need a DWI class if I refused testing?
Yes, if ordered by the court or required for reinstatement.
Is ALR separate from my criminal DWI case?
Yes. ALR is an administrative process handled by DPS.
Call to Action
If you’ve been ordered to complete a DWI Education Course in Texas — whether after a failed test or refusal — A Better Choice is here to help.
We provide state-approved DWI classes for students across Houston, Dallas, Austin, San Antonio, and every county statewide.
👉 Visit https://dwiclassestx.com to enroll today and stay compliant with court and DPS requirements.