Refusal to Take a Blood or Breath Test

When you get your Texas driver's license, you give your implied consent to allow a police officer to test you for the presence of alcohol if they have probable cause to believe you are under the influence. With that implied consent, an officer that stops your vehicle and has probable cause may ask you to take a breath, or blood test.

Consequences of a Refusal to Test

It is not a crime to refuse to take a blood or breath test. However, anyone who refuses to takethe test will be subject to an 6 month driver's license suspension for a first refusal. For a second refusal, you could lose your driver's license for 2 years.

DWI Charges

Even though it is not a crime to refuse a test, the officer may still arrest you for a DWI if they have probable cause to believe that you are intoxicated. To obtain probable cause, they may ask you to submit to field sobriety test. You have no legal obligation to take a field sobriety test in the state of Texas. Refusal to take a field sobriety test (e.g. one leg stand, nine step walk and turn) will not result in a driver's license suspension.

Contact a Texas DWI/Test Refusal Attorney

If you have been arrested for DWI or you have been accused of a refusal to test, contact an attorney immediately. You only have 15 days to request a hearing or your license will be suspended.

The experienced criminal defense attorneys at the Garrison Law Firm can help if you are facing criminal charges or need an attorney to fight for your rights at a drivers' license hearing. We have handled hundreds of DWI cases and have extensive experience in building a defense based on implied consent and probable cause among other elements in test refusal and driver's license revocation hearings.

To schedule a free consultation with a DWI defense lawyer, contact our law office in Houston, Texas. Call 281-358-3565, or contact us by e-mail.