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Can You Be Arrested for DWI Without a Breath Test in Houston?
- becoolwithbob
- Dec 31, 2025
- 3 min read
Is a Breath Test Required for a DWI Arrest in Texas?
One of the most common assumptions I hear from people after a DWI arrest in Houston is this:“They didn’t give me a breath test, so how can they arrest me?”
The reality is this — yes, you can absolutely be arrested for DWI in Houston without ever taking a breath test.
As a Houston DWI defense attorney, I regularly handle cases where no breath test was administered at the roadside or at the station. Understanding how and why these arrests happen is critical to understanding your legal options.
How Houston Police Decide to Arrest Someone for DWI with or without a Breath Test
A DWI arrest in Texas does not require a breath test. Instead, officers base arrest decisions on whether they believe probable cause exists.
Probable cause may be based on observations such as:
Driving behavior (weaving, speeding, failure to maintain lane)
Odor of alcohol
Slurred speech
Bloodshot or glassy eyes
Admissions of drinking
Performance on field sobriety tests
Breath tests are just one tool — not a requirement.
The Role of Field Sobriety Tests in DWI Arrests
In many Houston DWI cases, field sobriety tests are the primary basis for arrest.
These roadside tests are used to assess coordination, balance, and divided attention. However, they are:
Voluntary
Subjective
Influenced by stress, fatigue, and medical conditions
We explain the limitations of these tests in more detail in our article on field sobriety tests in Houston DWI cases, which outlines why these evaluations are often challenged in court.
What Happens If You Refuse a Breath Test?
Even though a breath test is not required for arrest, refusing one has separate consequences.
If you refuse a breath test after a DWI arrest:
You may face an automatic driver’s license suspension
Officers may seek a warrant for a blood test
Your refusal may be raised in court
Refusal is a legal option, but it carries real risks. Those risks are explained further in our post on refusing a breath test in Texas, which breaks down license suspension and ALR consequences.
Blood Tests Can Still Be Used Without a Breath Test
Many drivers are surprised to learn that refusing a breath test does not end chemical testing.
In Houston, officers frequently obtain search warrants for blood draws, especially when:
A breath test is refused
A high BAC is suspected
An accident occurred
Prior DWI history is involved
Blood test evidence can still be used to pursue DWI charges — including enhanced penalties. Understanding the differences between blood tests and breath tests in Texas is essential when reviewing how evidence may be used.
Can You Be Convicted of DWI Without Any Chemical Test?
Yes — but conviction without chemical testing is more difficult for prosecutors.
In cases without breath or blood results, the State relies heavily on:
Officer testimony
Field sobriety test observations
Video footage
Circumstantial evidence
These cases often present stronger defense opportunities because they rely on subjective interpretations, not numerical BAC results.
How Arrests Without Breath Tests Affect Your Driver’s License
Even without a breath test, license suspension may still occur.
An arrest involving refusal or other qualifying factors can trigger the Administrative License Revocation (ALR) process. This is a separate proceeding that determines whether your license will be suspended.
We explain this process in detail in our Houston DWI ALR hearing guide, including the critical 15-day deadline to request a hearing.
What This Means for Houston Drivers
The absence of a breath test does not mean the absence of a case — but it does change how that case should be approached.
The key takeaway is this:
A DWI arrest without a breath test is not uncommon, and it does not eliminate defense options.
In many situations, these cases provide opportunities to challenge probable cause, testing procedures, and officer assumptions.
Learn More About Your Houston DWI Defense Options
If you’ve been arrested for DWI in Houston or Harris County and are unsure how evidence — or the lack of it — affects your case, understanding your rights early can make a meaningful difference.
For a complete overview of the process, see our complete Houston DWI defense guide, which explains each stage of a DWI case and what to expect after an arrest.
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