Can You Refuse Breath or Blood Test During a Texas DWI Stop?
You have the right to refuse a blood or breath test during a DWI stop, but it doesn’t mean there won’t be consequences.
If you're pulled over for suspicion of DWI in Texas, while you do have the right to refuse a breath or blood test, the decision may result in serious consequences.
Under Texas Transportation Code Section 724.015, if you refuse to submit to a breath or blood test, several things can happen:
- Your refusal can be used as evidence against you in court during a DWI prosecution.
- Your driver's license will be automatically suspended for at least 180 days, regardless of whether you're ultimately charged or convicted.
In other words, even if your DWI case doesn't move forward, refusing the test can still result in a license suspension that affects your ability to drive, work, and manage everyday life.
Refusing Does Not Protect From A Conviction
Many people think refusing a test protects them from a DWI conviction. But the reality is, prosecutors can use your refusal as evidence of guilt, and you still face administrative penalties like license suspension.
Before making that decision , or if you’ve already refused, it’s important to understand the full legal picture. Speaking with a qualified DWI defense attorney can help you protect your rights and explore your options.
The Clock Is Ticking
If you refuse these tests during a Texas DWI stop, time is critical. You may have options to challenge the suspension or fight the charges, but acting quickly matters.
Contact our office today for a case review. We’re ready to help you navigate what comes next.
