Refusing a Breath Test After a Texas DWI

Driving while intoxicated (DWI) is a serious offense in Texas, with consequences ranging from hefty fines and license suspension to jail time. If you are ever pulled over in Houston, Galveston, League City, or anywhere else in Texas on suspicion of DWI, you will likely be asked to submit to a breathalyzer test. But what happens if you refuse?

Texas, like many states, operates under implied consent laws. This means that by obtaining a driver’s license, you implicitly consent to a chemical test (breath or blood) to determine your blood alcohol concentration (BAC) if arrested for DWI.

While you have the right to refuse a breath test, it’s crucial to understand the potential repercussions before making that decision. This blog will explore the implications of refusing a breath test in Texas, specifically focusing on Houston. 

Understanding Texas Implied Consent Laws

Texas law enforcement has the right to request a breath test if they have probable cause to believe you are driving under the influence. Probable causes could include slurred speech, bloodshot eyes, the odor of alcohol, erratic driving, or a failed field sobriety test. 

If you are pulled over and suspected of DWI, the officer will likely explain your options regarding the breath test. You have the right to the breath test refusal. However, taking the test is the most straightforward option. If your BAC registers below 0.08, which is the legal limit in Texas, you will likely be released. However, a BAC of 0.08 or higher will result in DWI charges.

Another legal option is to refuse a breathalyzer test. However, this will have consequences, as discussed below.

Consequences of Refusing a Breath Test in Texas

Here’s what you can expect while refusing a breath test:

Automatic Driver’s License Suspension: Refusing a breath test in Texas automatically triggers a driver’s license suspension. The length of suspension depends on whether this is your first offense. On your first refusal, you get a 180-day suspension. While on your second or subsequent refusal within 10 years gets you a 2-year suspension. 

Use of Refusal Against You in Court: The prosecution can use your refusal to submit to a breath test as evidence of guilt in court. While not an admission of guilt, it can raise suspicion in the minds of jurors.

Separate Charges for Refusal: In some cases, refusing a breath test can lead to a separate DWI charge of “Refusal to Submit to a Chemical Test” (RST), which carries its own penalties, including fines up to $2,000 or less common – jail time up to 180 days. That usually happens to repeat offenders or those with prior DWI convictions.

If you are facing both DWI and RST charges, it can be more challenging to negotiate a favorable plea bargain with the prosecutor. Your willingness to cooperate with the breath test might be seen as a sign of remorse, potentially leading to a lighter sentence. Refusal to submit can be viewed negatively, making plea negotiations more difficult. 

Also, it’s important to distinguish between the automatic driver’s license suspension caused by refusing a breath test (ALR) and the potential suspension resulting from an RST conviction. The ALR hearing is a separate civil proceeding to determine your driving privileges. An RST conviction, however, goes through the criminal court system and can result in additional penalties beyond license suspension. 

Why You Should Consult a DWI Lawyer

A skilled DWI lawyer in Texas can be your invaluable ally when facing a DWI charge, especially with a breath test refusal added. Your lawyer will thoroughly analyze the details of your arrest, including the officer’s probable cause, any field sobriety test results, and potential weaknesses in the prosecution’s case.

In some cases, your lawyer may be able to challenge the legality of the traffic stop or officer’s request for a breath test, potentially mitigating the refusal consequences.

Also, if a conviction seems likely, your lawyer will work towards minimizing the penalties you face, such as negotiating for reduced license suspension time or lesser fines.

Contact The Law Offices of Tad Nelson & Associates

Consulting with a qualified DWI lawyer before making any decisions is highly recommended. At the Law Offices of Tad Nelson & Associates, our experienced attorneys can advise you on your best course of action based on the specifics of your situation. Contact us and arrange a free initial consultation with one of our accomplished lawyers to help navigate the legal process and potentially challenge the suspension or charges.