What Happens if You Refuse a Breathalyzer in Texas?
Clients facing drunk driving charges often ask about their rights when stopped by law enforcement. One of the most pressing questions involves breathalyzer tests—specifically, what happens if a person refuses to take one. With over three decades of legal experience, Mr. Linder brings a deep understanding of criminal defense to each case.
Having served as a former prosecutor with the Dallas County District Attorney’s Office, he knows how the state builds cases and how refusals can shape their arguments.
Refusing a breathalyzer doesn’t make a case disappear. Instead, it creates new challenges, introduces legal consequences, and often requires strong criminal defense representation. The refusal may affect license status, introduce legal presumptions, and in many cases, lead to arrest.
Texas law treats these situations seriously, and understanding what follows a refusal is key to preparing for what comes next.
Texas Implied Consent Law
Texas operates under what’s known as “implied consent.” This means that when a driver obtains a Texas driver’s license and operates a vehicle on public roads, they’re automatically giving consent to chemical testing—including breath, blood, or urine tests—if lawfully arrested for driving while intoxicated (DWI).
Refusing a breathalyzer violates this implied consent, which can trigger automatic administrative penalties regardless of whether the driver is later convicted. This legal structure allows the state to enforce license suspensions and use refusal as a sign of guilt in court.
A refusal doesn’t stop officers from pursuing other methods of testing. In fact, police may still obtain a warrant for a blood draw. It’s a situation where the decision to refuse adds legal weight but doesn’t always prevent testing altogether.
Administrative Penalties for Refusing a Breathalyzer
When a person refuses a breathalyzer, the first consequence comes from the Texas Department of Public Safety (DPS). The administrative license revocation (ALR) process is separate from any criminal trial. Even if charges are dropped, a refusal can still result in loss of driving privileges.
Key penalties include:
First refusal: 180-day license suspension
Second or subsequent refusal: Two-year license suspension
Commercial drivers: May face disqualification from operating a commercial vehicle
Drivers have 15 days from the date of arrest to request an ALR hearing. If they don’t act within this window, the suspension takes effect automatically. Because of the tight timeline, it’s critical to speak with a criminal defense firm as soon as possible to preserve driving rights and challenge the suspension.
The ALR Hearing Process
At the ALR hearing, the administrative judge doesn’t decide criminal guilt but does examine whether law enforcement followed the correct procedures during the arrest. The hearing focuses on whether:
The officer had reasonable suspicion to stop the vehicle
There was probable cause to believe the driver was intoxicated
The driver was informed of the consequences of refusing a breathalyzer
The refusal actually occurred
If any of these points are weak or violate protocol, the judge may dismiss the suspension. However, winning the hearing doesn’t affect any criminal charges—it only helps retain driving privileges.
ALR hearings also serve another important purpose: gathering evidence early in the case. Officers may be called to testify, allowing a criminal defense lawyer to question them and understand the prosecution’s likely arguments at trial.
Criminal Consequences of Refusing a Breathalyzer
While the ALR process is administrative, the refusal can also influence the criminal side of a DWI case. Prosecutors may argue that refusing a breathalyzer indicates a consciousness of guilt, suggesting that the driver knew they were intoxicated.
Texas law permits prosecutors to use refusal as evidence in court. That means:
Juries may hear about the refusal
The state may argue that refusal supports intoxication claims
It can affect plea negotiations and sentencing
Although refusal is not a crime by itself, it can complicate the defense. Courts may also impose harsher sentences if refusal is combined with other aggravating factors, such as prior DWI convictions, open containers, or having a child passenger in the car.
How Police May Respond to a Refusal
Refusing a breathalyzer doesn’t always prevent officers from gathering evidence. If police believe there’s strong probable cause, they can request a warrant for a blood test. In many jurisdictions across Texas, including Dallas, on-call judges may grant warrants in minutes, even during overnight hours or holidays.
This means a driver could still be subject to chemical testing after a refusal. The only difference is that the refusal might now lead to a longer license suspension and can be used against the driver in court. In some cases, refusing delays the process but does not stop it.
Repeat Offenses and Refusal
The stakes rise significantly for drivers with prior DWI arrests. A refusal in a second or third incident often triggers enhanced penalties, both administratively and criminally.
Repeat offenders may face:
Longer license suspensions: Up to two years
Increased jail time: Especially if prior convictions exist
Ignition interlock device requirements: Even before a conviction
Permanent criminal record complications: Affecting employment, housing, and travel
Because refusal becomes part of the record, it may be viewed as an aggravating factor in future arrests. This is why repeat offenders benefit from legal counsel familiar with both the administrative and criminal aspects of refusal-related charges.
Commercial Drivers and Breathalyzer Refusal
Drivers with commercial licenses (CDLs) face even stricter standards. Refusing a breathalyzer can lead to immediate disqualification from driving a commercial vehicle, even if the vehicle involved wasn’t a commercial one.
Consequences for CDL holders include:
Immediate 1-year disqualification: For a first refusal
Lifetime disqualification: In certain repeat scenarios
Loss of income: From being unable to work during the disqualification
Because commercial drivers rely on their licenses for their livelihood, the impact of a breathalyzer refusal can be particularly severe. Defending against both the criminal charge and the administrative action becomes essential for protecting their career.
Legal Defenses to Refusal-Related Penalties
There are several ways to fight the consequences of a breathalyzer refusal. Each case depends on the specific facts and how the arrest was handled. An experienced criminal defense firm like The Linder Firm can examine the situation for legal flaws and opportunities to challenge the evidence.
Common defenses include:
Improper traffic stop: No valid reason for the officer to initiate the stop
Lack of probable cause: No clear evidence that the driver was intoxicated
Failure to inform: The officer didn’t warn the driver of refusal consequences
Medical conditions: That affected the ability to comply with the test
Involuntary refusal: The driver may have misunderstood or been physically unable to perform the test
Even if some evidence supports the state’s case, these arguments can reduce or eliminate penalties and support favorable plea negotiations.
Should a Driver Refuse the Breathalyzer?
Deciding whether or not to refuse a breathalyzer is complicated. While refusal may prevent immediate evidence collection, it brings additional penalties and is unlikely to stop the arrest. In most situations, refusal doesn't benefit the driver in the long term.
However, each case is different. For someone with prior convictions, a refusal might limit immediate evidence of intoxication and give more room for a criminal defense strategy. For a first-time driver with no prior record, compliance might help preserve a cleaner defense path.
Ultimately, whether someone should refuse depends on:
Past driving record
Whether there has been drinking or impairment
The legal strategy being considered
Whether the stop and arrest were lawful
Because officers are required to inform drivers about refusal consequences, drivers rarely act without knowledge. Still, these decisions are often made under stress. That’s why working with a criminal defense firm afterward is crucial to minimizing harm and protecting future rights.
How The Linder Firm Approaches Refusal Cases
Phillip Linder’s background as a former prosecutor gives him the unique ability to anticipate how the state will present a refusal case. With over 200 jury trials under his belt, he understands which arguments resonate and how to challenge flawed procedures.
The Linder Firm focuses on:
Challenging faulty stops and tests
Questioning officer procedures and records
Defending license rights at ALR hearings
Fighting for reduced charges or dismissals when possible
Whether handling a first-time offense or a repeat refusal, the firm builds cases designed to protect freedom, career, and driving privileges.
Speak to a Criminal Defense Lawyer
Refusing a breathalyzer in Texas brings immediate and lasting consequences. From license suspension to criminal charges, each step needs careful management.
The Linder Firm serves clients throughout Dallas, Texas, including Dallas County and communities across North Texas. Reach out today to discuss how to protect your rights and build a strong criminal defense.