Refusing a Breath Test in Texas: What a Houston DWI Arrest Really Means

Can You Refuse a Breath Test After a DWI Arrest in Houston?

One of the most common questions I hear as a Houston DWI defense attorney is:“Can I refuse a breath test in Texas?”

The short answer is yes — but refusing a breath test comes with serious consequences. Understanding those consequences before you’re faced with that decision can make a major difference in how a DWI case unfolds.

This issue comes up frequently in Houston DWI arrests, and it’s one of the most misunderstood parts of Texas DWI law.

Driving under the influence can lead to this or something similar.

Texas Implied Consent Law Explained

Under Texas law, anyone who drives on Texas roads is subject to the Implied Consent Law. This means that by driving, you are deemed to have consented to provide a breath or blood sample after a lawful DWI arrest.

However, implied consent does not mean forced consent.

You still have the legal right to refuse a breath test — but refusal triggers administrative penalties, separate from the criminal case.

What Happens If You Refuse a Breath Test in Houston?

If you refuse a breath test after a DWI arrest in Houston or Harris County, several things happen immediately:

• Your driver’s license is subject to automatic suspension

• Police may seek a blood search warrant

• You will face an Administrative License Revocation (ALR) case

• Prosecutors may use the refusal against you in court

Importantly, license suspension for refusal occurs even if you are never convicted of DWI.

License Suspension Penalties for Breath Test Refusal in Texas

The penalties for refusing a breath test are often harsher than failing one.

If you refuse a breath test:

• First refusal:

  • License suspension up to 180 days

• Second or subsequent refusal:

  • License suspension up to 2 years

This suspension is handled through the Texas Department of Public Safety, not the criminal court — which means the clock starts ticking immediately.

You have 15 days from the date of arrest to request an ALR hearing. Miss that deadline, and the suspension goes into effect automatically.

Can Police Still Get a Blood Sample After a Refusal?

Yes. Refusing a breath test does not end the investigation.

In Houston, officers frequently obtain a search warrant for a blood draw, especially when:

• The driver has prior DWI arrests

• There is suspicion of intoxication beyond alcohol

• An accident occurred

• The officer believes the BAC may be high

Blood test results can later be used by prosecutors to pursue high-BAC DWI charges, which carry enhanced penalties under Texas law.

Can Refusing a Breath Test Help a DWI Defense?

This is where things become nuanced.

Refusing a breath test:

• Prevents immediate breath evidence

• May limit roadside testing errors

• Forces prosecutors to rely on other evidence

However:

• Refusal can be introduced as evidence at trial

• Juries may be told the refusal indicates “consciousness of guilt”

• Blood test results may still come back with damaging BAC levels

There is no one-size-fits-all answer. Whether refusal helps or hurts depends on the facts of the stop, the officer’s conduct, and how the case is handled from the beginning.

Why Breath Test Refusal Cases Require Immediate Legal Action

In Houston DWI cases involving refusal, timing is critical.

There are two separate cases running at the same time:

1. The criminal DWI case

2. The ALR license suspension case

Winning or minimizing damage in the ALR hearing can:

• Preserve driving privileges

• Expose weaknesses in the officer’s testimony

• Create leverage in the criminal case

Failing to act early often makes the situation worse.

What This Means for Drivers Arrested for DWI in Houston

Refusing a breath test is a serious decision with long-term consequences. While it may feel like a way to protect yourself in the moment, it often opens the door to additional legal challenges — especially in Harris County, where DWI enforcement is aggressive.

The most important thing to understand is this:

A breath test refusal does not eliminate your options — but it makes early legal guidance essential.

Learn More About DWI Defense Options in Houston

If you’ve been arrested for DWI in Houston and refused a breath test, it’s critical to understand your rights, deadlines, and defense strategies before irreversible consequences occur.

Every DWI case is different — and the way it is handled in the first few weeks can shape the outcome.