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What is a no-refusal weekend in Texas?
In short: A no-refusal weekend is not a law. It is a period, often around holidays, when prosecutors and judges are on call so officers can get a search warrant for a blood sample quickly if a DWI suspect refuses a breath or blood test. You can still refuse, but the officer may get a warrant, and the refusal itself carries a license suspension of 180 days, or 2 years with a prior alcohol or drug contact (Transportation Code 724.035).
Can I still refuse a breath test?
Yes. Texas implied consent law lets an officer request a breath or blood specimen after a DWI arrest, and you can say no. But refusing has its own consequences, which apply whether or not you are ever convicted:
| Consequence of refusing | What the law says | Law |
|---|---|---|
| License suspension | 180 days; 2 years if you had an alcohol or drug enforcement contact in the previous 10 years | Transportation Code 724.035 |
| Evidence at trial | The refusal can be offered as evidence | Transportation Code 724.061 |
| Blood warrant | The officer can ask a judge for a warrant to take a blood sample anyway | Transportation Code 724.012(e) |
What changes during a no-refusal period?
Only speed. Outside these periods an officer can still seek a blood warrant, but finding a judge at 2 a.m. can take time. During a no-refusal period, a prosecutor helps write the warrant affidavit and a judge is ready to review it, so the blood draw happens closer to the time of driving.
When is a blood sample required even without consent?
Transportation Code 724.012 requires an officer to take a specimen after a DWI arrest and refusal in certain situations, such as a crash where someone died, will die or suffered serious bodily injury, a crash where someone else was hurt and taken to a hospital, DWI with a child passenger, or certain prior intoxication convictions. Even then, subsection (e) says the officer must either get a warrant or have probable cause that exigent circumstances exist.
How can a blood warrant be challenged?
- The affidavit: a warrant must rest on specific facts. Boilerplate or facts that do not match the video can be challenged.
- Timing: how long after driving the blood was drawn affects what the result says about your alcohol concentration at the time of driving.
- Handling and lab work: who drew the blood, how it was stored, and how the lab tested it. See breath and blood tests.
What should I do after a refusal?
Request an ALR hearing within 15 days of the notice. The hearing is the only way to contest the refusal suspension, and it can give the defense sworn testimony from the officer. Read can you refuse a breath test in Texas for more.
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
Can I refuse a breath test on a no-refusal weekend?
Yes. You keep the right to refuse. The difference is that a judge is on call, so the officer can quickly get a warrant for your blood.
How long is the license suspension for refusing?
180 days, or 2 years if your record shows an alcohol or drug enforcement contact in the 10 years before the arrest (Transportation Code 724.035).
Can the refusal be used against me?
Yes. Under Transportation Code 724.061, a refusal can be offered as evidence at trial. The defense can offer other reasons for it.
Can police take my blood without a warrant?
Only with consent or if the officer has probable cause that exigent circumstances exist (Transportation Code 724.012(e)). Otherwise a warrant is required.
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.