May 28, 2025
Texas

Implied Consent Law in Texas

Texas operates under an “implied consent” law. This means that by driving on Texas roads, you automatically consent to submit to chemical testing (blood or breath) if you are lawfully arrested for DWI. However, you can still refuse the test at the time it is requested.

What Happens If You Refuse a Blood Test?

  • Administrative Penalties: Refusing a blood (or breath) test triggers an automatic suspension of your driver’s license. For a first refusal, the suspension period is 180 days. For subsequent refusals or prior DWI convictions, the suspension can be up to two years.

  • Court Consequences: Your refusal can be used as evidence against you in court. Prosecutors may argue that your refusal suggests you were trying to hide intoxication.

  • Warrant for Blood Draw: If you refuse, law enforcement can quickly obtain a warrant to draw your blood. Once a warrant is issued, you are legally required to comply, and further refusal can lead to additional criminal penalties.

  • No Refusal Periods: On “No Refusal” weekends or in certain counties, officers have streamlined procedures to obtain warrants, making it nearly impossible to avoid a blood test if they have probable cause.

Consequences of Refusing a Blood Test in Texas

  • Automatic License Suspension: Refusing a blood or breath test leads to an automatic suspension of your driver’s license under Texas’s implied consent law. For a first refusal, the suspension is typically 180 days, but it can extend up to two years for repeat refusals or prior DWI convictions.

  • Additional Criminal Charges: Besides the DWI charge itself, you may face separate criminal charges specifically for refusing the test, sometimes called “DWI with refusal.” These can carry fines, probation, or even jail time, and may require installing an ignition interlock device on your vehicle if convicted.

  • Use of Refusal as Evidence: Prosecutors often use your refusal as evidence of guilt in court, arguing it shows consciousness of impairment. This can complicate your defense and potentially lead to harsher penalties if convicted.

  • Warrant for Blood Draw: If you refuse the test, police can seek a warrant to forcibly obtain a blood sample. Once a warrant is issued, refusal is no longer an option, and you must comply. However, defense attorneys may challenge the validity of the warrant or the blood test results in court, citing procedural errors or issues with evidence handling.

Legal Options After Refusal

  • Request an Administrative License Revocation (ALR) Hearing: You have 15 days from the arrest to request an ALR hearing to contest the license suspension. A skilled attorney can argue whether the officer had probable cause for the stop and arrest or if proper procedures were followed, potentially preventing or shortening the suspension.

  • Challenge Test Results or Evidence: Even if a blood test is taken, your lawyer can challenge the accuracy of the test, the qualifications of the technician, or the chain of custody. Successful challenges can lead to suppression of evidence or dismissal of charges.

  • Occupational Driver’s License (ODL): If your license is suspended, you may qualify for an ODL, allowing you to drive for work, school, or essential activities during the suspension period.

Strategic Considerations

  • Some defense lawyers advise against outright refusal at the police station because it may prompt officers to quickly obtain a warrant for a blood draw. Instead, they recommend cooperating with field sobriety tests and consulting an attorney immediately to explore your options.

  • Refusal does not prevent prosecution. Authorities can rely on other evidence such as officer observations, field sobriety tests, and witness testimony to pursue DWI charges

Key Points to Remember

  • You can refuse a blood test, but your license will be suspended and your refusal may be used against you in court.

  • Police can obtain a warrant for your blood, and you must comply if a warrant is issued.

  • Refusal does not guarantee you will avoid prosecution; officers can still collect other evidence of intoxication and may forcibly obtain a blood sample with a warrant.

Special Cases: Mandatory Blood Draws

In certain situations, such as accidents involving serious injury or death, Texas law allows officers to obtain a blood sample without your consent under mandatory blood draw provisions.

What Should You Do?

If you are arrested for DWI in Texas, it is crucial to understand your rights and the consequences of refusing a blood test. Consulting an experienced DWI attorney can help you navigate the legal process and potentially challenge the suspension or the admissibility of the blood test results139.