What Happens if I Refuse a Breath or Blood Test?

If you are pulled over for suspected DWI in Texas, you will be asked to submit to a breath or blood test to determine your blood alcohol content (BAC). Under the state’s implied consent law, anyone who drives on public roads has essentially agreed to take a chemical test if they are suspected of driving while intoxicated. Because of the implied consent law, you will face harsh consequences if you refuse to take a breath or blood test.

Although you have the ability to refuse a chemical test if stopped for DWI, it’s important to understand that doing so will result in the automatic suspension of your driver’s license. The length of the suspension will depend upon whether you previously refused to submit to a chemical test within the past 10 years:

  • First test refusal – license suspension for 180 days
  • Second test refusal – license suspension for 2 years

Many times people refuse to submit to breath or blood tests because they know that their BAC is over the legal limit, and they incorrectly believe that this means they will automatically be found guilty of DWI. The truth, however, is that failing a chemical test does guarantee a guilty verdict in your DWI case.

A skilled attorney can evaluate the circumstances involved in your drunk driving case to determine if your rights were violated, if procedural errors were made, or if there were other factors present that could lead to your charges being reduced or dismissed.

If you refused a breath or blood test in Texas, the experienced Dallas DWI lawyers at The Wilder Firm can help you schedule an appointment with the Texas Department of Public Safety and aggressively advocate for your best interests during the hearing. Additionally, our team can provide the resourceful and effective defense needed to fight your DWI charges in court.

The Wilder Firm has more than 20 years of experience in Texas DWI defense, and you can be confident that we will tirelessly protect your rights and interests. Schedule a free consultation with our firm to learn about your defense options if your license was suspended for chemical test refusal in the Dallas area.