Texas Implied Consent Law and Refusal of Blood Test Requests

Texas Implied Consent Law and Refusal of Blood Test Requests

Many people ask us about the consequences of refusal of blood test requests. Drivers who have been pulled over on suspicion of intoxicated driving often wonder: Am I required to take a blood test? In Texas, you have two options: either consent to a blood test or deny consent. If you choose to provide a blood specimen voluntarily, you have an opportunity to minimize your administrative penalties.

However, if you deny consent to take a blood test, you force the officer to get a warrant for your blood. Although the administrative penalties may be more severe, the benefits of making the officer get a warrant for your blood can help you during your criminal case.

Here, our Galveston DWI defense attorney provides an overview of the Texas implied consent law and explains what will happen if you refuse a blood test request.

Implied Consent in Texas: Three Things to Know About Blood Test Refusals

1. Drivers in Texas Automatically Consent to Post-Arrest Chemical Testing

Under the Texas implied consent law, drivers that are arrested for DWI can deny the officer’s consent to do a blood test. However, once the officer gets a warrant for your blood, refusal to provide blood can result in additional criminal penalties. Once the officer gets a warrant, you are required to comply with the warrant.

To be clear, the implied consent law applies to post-arrest testing. You do not have to take a field sobriety test. While an officer may ask you to participate in a voluntary Standardized Field Sobriety Tests (SFSTs), you have the right to decline. In contrast, after being arrested for intoxicated driving, refusal of a blood test or a breath test will result in administrative sanctions.

2. A Refusal of Blood Test Requests Will Result in Automatic Administrative Penalties

If you do not provide consent for the testing of your blood and require the officer to get a warrant, you will face administrative penalties. The consequences for refusal to take a blood test depend, in part, on whether you have a previous DWI refusal or conviction on your record:

• First Time Refusal: 180-day suspension of your driver’s license.
• Subsequent Refusals: 2-year suspension of your driver’s license.

As explained by the Texas Department of Public Safety (TDPS), drivers who refuse blood/breath tests will receive a suspension notice. You have 15 days to appeal this suspension from when you got the notice. If you fail to do so, the administrative suspension will take effect. A criminal defense attorney is your best opportunity to prevent your driver’s license from being suspended.

Note: Even if your driver’s license is suspended, non-commercial drivers may be eligible for an “Occupational License” which permits driving for essential, limited purposes during the period of license suspension.

3. Prosecutors Can Still Pursue Criminal DWI Charges

The administrative suspension for a blood test refusal is a separate legal action from any criminal charges. In other words, you can still be prosecuted for a DWI even if you refused to provide a sample. Prosecutors may decide they have enough evidence to bring charges without a blood or breath sample. Though, in some cases, they may decide the opposite — dropping the case. If you refused a blood test, you need an experienced Texas DWI defense lawyer on your side. Your lawyer will protect your rights.

Frequently Asked Questions About Texas Implied Consent Law

What is Texas Implied Consent Law?

Texas Implied Consent Law means that anyone who drives a vehicle in Texas automatically consents to submit to chemical testing (such as breath, blood, or urine tests) if they are arrested for driving while intoxicated (DWI).

What Happens if I Refuse to Take a Chemical Test?

If you refuse to take a chemical test when requested by law enforcement, your driver’s license can be automatically suspended for 180 days for a first offense and up to two years for subsequent offenses. Additionally, the fact that you refused the test can be used as evidence against you in court.

Are There Any Exceptions to the Implied Consent Law?

Yes, there are a few exceptions. For example, if you have a medical condition that prevents you from taking a breath test, you may be allowed to take a blood or urine test instead.

What Types of Tests are Covered by Implied Consent Law?

The law covers field sobriety tests, chemical tests (breath, blood, or urine), and breathalyzer tests.

Can I Appeal a License Suspension?

Yes, you have the right to request an administrative hearing to contest the suspension of your driver’s license. It’s advisable to consult with a lawyer to help you with this process.

What Should I Do If I’m Stopped for Suspected DWI?

If you’re stopped for suspected DWI, it’s important to remain calm and cooperate with law enforcement. You should also be aware of your rights and consider contacting a lawyer as soon as possible.

Schedule a Free Confidential Consultation With Our Galveston DWI Defense Lawyer Today

Mark A. Diaz is an experienced DWI attorney. If you or your loved one was arrested for intoxicated driving and refused a blood test, we are here to help. To schedule a no cost, completely confidential case evaluation, please contact our law firm at (409) 515-6170. With an office location in Galveston, we defend DWI charges throughout the region, including in Texas City, La Marque, Bayou Vista and Hitchcock.

(Updated 1/13/2025)