Can I Refuse a Breath Test or Blood Test?

Yes, you have the legal right to refuse a breath or blood test in Texas.  However, any refusal triggers an automatic suspension of your driver’s license. This is due to the state’s implied consent law, which presumes that by driving on Texas roads, you consent to blood alcohol concentration (BAC) testing if suspected of DWI.  Refusal might also be presented as evidence in your court case, although it does not ensure a conviction.

Many DWI cases come down to the video (whether body cam or dash cam) to prove intoxication.  Juries want to see if you look intoxicated or not.  For this reason, there is no reason to give the State additional evidence, such as a breath or blood specimen.  Unless you are 100% sure that a breath test or blood test will show little to no alcohol, it’s in your best interest to refuse and defend the case on other grounds.

While you have the right to refuse these tests, most Texas Counties have procedures in place to obtain quick, blood search warrants.  These warrants allow law enforcement to obtain a blood sample – despite your refusal and lack of cooperation.  There are numerous ways to challenge these warrants, as well as the eventual test results.  If you refused breath and blood testing, and the police still obtained your blood with a search warrant, you need an experienced legal team to review all the evidence and establish the best defense possible.  Our firm is dedicated to extensive pre-trial investigations, including whether the warrant was obtained legally and whether the test results have any legal issues or problems. To start protecting yourself and fighting your DWI offense, call us today at 281-888-5581.