What Can Happen if I Refuse a Breathalyzer Test in Texas?

You may face several penalties if you refuse a breathalyzer test in Texas. If you have been charged, you will need an experienced Texas criminal defense attorney on your side. Our legal team is dedicated to ensuring that you and your rights are protected. Contact us today.

Can you refuse to take a breathalyzer test in Texas?

If you are caught by a law enforcement officer with suspicion of driving while under the influence of alcohol, you will likely be asked to provide a breath test sample. From a driver’s point of view, when a police officer has pulled you over and asked you to take a breath test, it can appear as a no-win situation. If you decide to provide a breath sample, you might be providing the officer evidence of you drinking and driving. However, if you refuse, you may anger the police officer and create more harm than good for yourself.

It is important to note that in the state of Texas, it is not against the law to decline to take a breath or blood test of your blood-alcohol content (BAC). However, that does not mean that there are no penalties if you do refuse a breath test. There are two exceptions to this rule.

If you have been charged with a refusal to take a breathalyzer test, you will need to retain the services of a skilled Texas criminal defense attorney as soon as possible to ensure that you and your future are protected.

What happens if you refuse the chemical test?

If you decline to take a breathalyzer test or any other chemical test after being arrested for DWI, your driver’s license will be suspended for at least 180 days. If you have any prior DWI offense, such as a previous conviction, previous failed test, or a prior failed test, the judge may be inclined to suspend your license for up to two years.

Furthermore, if you were in a car accident that involved a serious injury or death, or if you have specific prior convictions on your record, you will not be able to refuse the breathalyzer test.

If you are in this situation, you will need to reach out to our firm today to speak with one of our skilled Texas criminal defense attorneys as soon as possible.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.