Refusing the test is a choice people make for different reasons, but it comes with consequences that begin right away. Understanding what those are and knowing your next steps can make a big difference in how your case unfolds.
What Refusal Means in Texas
If you refuse a breathalyzer test in Texas, the officer will typically take your driver’s license at the scene. That refusal triggers what’s known as an administrative license suspension. In other words, you could lose the ability to drive for several months before your case even goes to court.
This suspension is separate from any penalties that might come later if you are convicted of DWI. So even if your case never leads to a conviction, you may still face time without a valid license.
Why Some Drivers Refuse
Some drivers say “no” because they don’t want to provide evidence against themselves. Others hope refusal will buy time before officers seek a blood test, giving their blood alcohol concentration (BAC) a chance to drop. These are common thoughts in the moment, but the choice to refuse creates its own set of challenges.
Where You Stand After Refusing
Once you’ve refused, your license suspension moves forward quickly unless you request a hearing to fight it. That hearing is time-sensitive, and missing the deadline can make it harder to get your driving privileges back.
Refusal can also be introduced in court, where prosecutors may use it as part of their case. While this does not mean automatic guilt, it adds another factor that has to be addressed.
Why an Attorney Matters
If you’ve refused a breathalyzer test in Texas, your situation is more complex, not less. You’re facing both an administrative process with the Department of Public Safety and a criminal case in court. These two systems overlap but are not the same, and both can affect your ability to drive, work, and move forward.
An attorney can step in right away to request the hearing that protects your license, examine whether the stop and arrest were lawful, and challenge how the refusal is used in your case. Without that guidance, it’s easy to lose important rights before you even realize they were on the table.
Common Questions
Can I get my license back after refusing?
Yes, but only if you request and win an administrative license revocation (ALR) hearing. An attorney can handle this process and fight to restore your driving privileges.
Does refusing mean I’ll automatically lose my case?
No. Refusal creates challenges, but it does not equal guilt. A strong defense can challenge how refusal is used against you.
How much time do I have to act?
Not long. You generally have 15 days from the date of your arrest to request an ALR hearing. Missing that deadline usually means your license stays suspended.
Moving Forward
Refusing a breathalyzer does not end your case. It shapes it in a different way. What happens next depends on how quickly you act and whether you have someone experienced in Texas DWI defense standing beside you.
At Tyler Brock Law Firm, we understand the difficult position you’re in. If you refused a breathalyzer test and now face the uncertainty of what comes next, we can help you navigate the process, protect your rights, and fight for the best possible outcome. Contact us today to discuss your situation and take the first step forward.
