An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Can you refuse a breath test in Texas?
In short: Yes, you can refuse, but it has consequences. Under Texas implied consent law, a refusal usually leads to a 180-day license suspension for adults with no prior alcohol or drug contact (2 years with one), the refusal can be used as evidence at trial (Transportation Code 724.061), and police can ask a judge for a warrant to draw your blood.
What is implied consent?
Under Transportation Code chapter 724, a person arrested for an offense such as DWI is considered to have consented to giving a breath or blood specimen. You still have the choice to refuse, and the officer must give you statutory warnings about the consequences, usually by reading form DIC-24.
What happens if I refuse?
- License: a suspension of 180 days if you have no prior alcohol or drug contact in the previous 10 years, or 2 years if you do (Transportation Code 724.035). You can request an ALR hearing within 15 days.
- Evidence: the refusal itself can be introduced at trial (724.061). Prosecutors may argue it shows you knew you were intoxicated; the defense can offer other reasons.
- Blood warrant: in many counties, including Dallas County, police can ask a judge for a search warrant for a blood sample after a refusal. A warrant must be supported by probable cause.
Are field sobriety tests the same as a breath test?
No. Roadside field sobriety tests and handheld preliminary breath tests are different from the evidential breath test taken after arrest. The implied consent warnings apply to the breath or blood specimen requested after arrest.
Is refusing a good idea?
There is no single answer. A refusal can mean less scientific evidence, but it brings a longer suspension and gives the State an argument at trial. If police obtain a blood warrant, the State may end up with a test result anyway. What matters most after the fact is reviewing the warnings, the video and any warrant for legal problems.
What about commercial drivers?
Commercial driver's license holders face separate disqualification rules for refusals, even in a personal vehicle. Tell your lawyer right away if you hold a CDL.
What must the officer tell me?
Before requesting a specimen, the officer must give you the statutory information orally and in writing (Transportation Code 724.015), usually by reading form DIC-24. The warnings explain that a refusal can be used as evidence and will lead to a suspension. If the warnings were missing or wrong, that may affect the license case and the admissibility of the evidence.
What if there was a crash or I was unconscious?
Transportation Code 724.012(b) lists situations, such as crashes with serious injury, where the statute says a specimen must be taken. The Texas Court of Criminal Appeals held in State v. Villarreal (2014) that this statute alone does not justify a warrantless blood draw; police generally need a warrant, valid consent or an emergency. Hospital blood records may also be obtained by the State through legal process.
Is a refusal a crime?
No. Refusing is not a separate offense in Texas. The consequences are the license suspension, the use of the refusal as evidence and the possibility of a blood warrant.
Common questions people ask after refusing
- Did the officer have a warrant, and what did the affidavit say?
- How long after driving was the blood drawn?
- Who drew the blood, and how was it stored and tested?
- Is there video of the warnings and the refusal?
Where are these cases heard in Dallas County?
People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
How long is the suspension for refusing a breath test in Texas?
180 days for an adult with no prior alcohol or drug contact in 10 years, or 2 years with one (Transportation Code 724.035).
Can a refusal be used against me in court?
Yes. Transportation Code 724.061 allows evidence of a refusal at trial.
Is refusing a breath test a crime in Texas?
No. Refusal is not a separate offense, but it leads to a suspension and can be used as evidence.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.