What Happens If You Refuse A Breath Or Blood Test After A DWI Arrest In Texas?

What Happens If You Refuse A Breath Or Blood Test After A DWI Arrest In Texas?

In Galveston, a DWI arrest can happen faster than most people expect. A simple traffic stop along Seawall Boulevard or I-45 can escalate into a full-blown criminal investigation once an officer suspects intoxication. At that point, refusing to take a breath or blood test can feel like the only way to protect oneself. However, under Texas Transportation Code §724.011, every driver in Texas gives “implied consent” to chemical testing as a condition of operating a motor vehicle. Refusing the test triggers immediate legal consequences—both administrative and criminal.

Our attorneys at Mark Diaz & Associates have defended countless DWI cases in Galveston County Criminal Court at Law No. 1 and surrounding jurisdictions, including Texas City, League City, Dickinson, and Santa Fe. We know how the prosecution operates, how officers collect evidence, and how to attack their procedures when rights are violated. This discussion explains what happens after a refusal, what laws apply, and what defenses can make a difference.

Understanding Texas Implied Consent Law

Under Tex. Transp. Code §724.011, any person arrested for DWI is deemed to have consented to the taking of one or more chemical tests—typically a breath or blood sample—to determine alcohol concentration or the presence of controlled substances. While a driver can refuse, §724.015 requires law enforcement to read the statutory warnings explaining the penalties for refusal, including immediate license suspension.

If the officer has probable cause and the suspect refuses, the officer may request a search warrant to obtain a blood sample. Judges in Galveston County often approve these warrants within minutes, particularly in cases involving accidents, prior DWIs, or minors in the vehicle.

The Consequences Of Refusing A Test

Refusal does not mean the case goes away. In fact, the refusal itself becomes evidence at trial. Prosecutors routinely argue that declining a test shows “consciousness of guilt.”

Under Tex. Transp. Code §724.035, the Texas Department of Public Safety (DPS) automatically suspends a driver’s license for 180 days for a first refusal and two years for a second or subsequent refusal within ten years. The suspension begins 40 days after arrest unless the individual requests an Administrative License Revocation (ALR) hearing within 15 days.

Our team aggressively contests these suspensions. We subpoena the arresting officer, cross-examine their basis for the stop, and challenge the legality of any alleged probable cause. Many times, these hearings reveal flaws in the officer’s report that later help dismiss or reduce the criminal charge.

Criminal Penalties Still Apply

Even though refusal is an administrative violation, the underlying DWI charge still proceeds. A first-offense DWI is typically a Class B misdemeanor under Tex. Penal Code §49.04, carrying up to 180 days in jail and a fine of up to $2,000. If a breath or blood test later shows a blood alcohol concentration (BAC) of 0.15 or higher, the charge may rise to a Class A misdemeanor, doubling potential jail time and fines. Refusing the test does not eliminate evidence of impairment—officers often rely on field sobriety tests, dash-cam footage, or witness observations to build a case.

Hypothetical Example (For Illustrative Purposes Only)

Consider a hypothetical driver leaving a restaurant on the Galveston Seawall. An officer observes the vehicle drifting slightly between lanes and initiates a stop. The driver declines field sobriety tests and refuses the breath test at the jail. The officer obtains a warrant, and a blood draw later reveals a BAC of 0.13%. In this example, the refusal added an automatic license suspension and became trial evidence of guilt, even though the officer later obtained a blood sample. This scenario illustrates why refusal can complicate a defense rather than protect it.

How Law Enforcement Uses Warrants After Refusal

When a driver refuses, officers often pursue a search warrant for blood under §724.012(b). In Galveston County, judges are available by phone or electronic system to authorize warrants within minutes. Once approved, the officer escorts the suspect to a medical facility or utilizes trained personnel at the jail to perform a draw. Refusal does not guarantee the absence of evidence; it simply delays collection and increases penalties.

Defenses Against DWI Test Refusal Cases

Our attorneys attack DWI refusal cases from every angle:

• Illegal Stop – If the traffic stop violated constitutional standards, all subsequent evidence—including the refusal—can be suppressed.
• Improper Warning – If the officer failed to properly advise under §724.015, the refusal may not be admissible.
• Lack of Probable Cause – Without clear indicators of intoxication, the arrest itself may be unlawful.
• Procedural Errors At The ALR Hearing – DPS must prove lawful arrest and proper notice; any inconsistency can save a license.
• Search Warrant Issues – Judges must have sufficient sworn facts to issue a blood warrant. Any defect can lead to the suppression of results.

Our firm is known for courtroom toughness and strategic precision. Every DWI case requires an aggressive defense and a deep understanding of Galveston’s local legal culture. We fight to expose police shortcuts and challenge the state’s assumptions at every step.

The Administrative License Revocation (ALR) Hearing

A separate administrative process determines whether DPS can suspend a license. This is not a criminal proceeding but occurs before a State Office of Administrative Hearings (SOAH) judge. Evidence includes police reports, the DIC-24 statutory warning, and officer testimony. Defendants have the right to cross-examine witnesses and present evidence.

Winning an ALR hearing not only saves a license but can strengthen the defense later. Officers frequently make inconsistent statements between the arrest report and the hearing testimony. Our attorneys use those inconsistencies to discredit their testimony at trial.

How A Skilled Defense Can Protect The Future

In many cases, prosecutors rely on the refusal to push for plea deals or harsher penalties. A strategic defense focuses on undermining the state’s confidence in its evidence. By challenging legality, procedure, and officer credibility, our team often secures dismissals, reductions, or alternative resolutions such as deferred adjudication or pretrial diversion.

Our reputation in Galveston County Criminal Court is built on aggressive advocacy and an unrelenting commitment to protecting constitutional rights. We fight every DWI as if it could go to trial, forcing the prosecution to prove every element beyond a reasonable doubt.

Frequently Asked Questions About DWI Test Refusal In Texas

What Happens Immediately After Refusing A Breath Or Blood Test?

Once a driver refuses, the officer confiscates the Texas driver’s license and issues a Notice of Suspension (DIC-25). This document acts as a temporary driving permit for 40 days. The clock starts ticking to request an ALR hearing, which must be filed within 15 days. Failure to act results in automatic suspension.

Can A Refusal Be Used As Evidence At Trial?

Yes. Prosecutors often argue that a refusal demonstrates awareness of guilt. However, defense counsel can counter that fear of needles, distrust of testing devices, or confusion during arrest explains the decision.

Can Police Force A Blood Draw After A Refusal?

Yes, with a valid warrant or under specific exceptions such as serious injury or death. Under §724.012(b), law enforcement may compel a sample when probable cause exists and judicial authorization is obtained.

Is It Better To Refuse Or Submit To Testing?

Every case is unique. Refusal avoids immediate BAC evidence but triggers suspension and creates adverse inferences. Submission may produce incriminating results, but it avoids certain administrative penalties. Defense strategy depends on facts, prior record, and officer conduct.

How Long Does A Refusal Suspension Last?

For first refusals, 180 days; for subsequent refusals within ten years, two years. If the ALR hearing is won, no suspension applies.

Can A DWI Charge Still Be Proven Without A Test Result?

Yes. Prosecutors can rely on officer observations, field sobriety tests, and video footage to argue impairment. That is why skilled cross-examination and detailed evidence review are critical.

What Is The Difference Between Refusal And Failure?

Refusal means declining the test entirely; failure means submitting but testing above 0.08%. Both result in license consequences but differ in suspension length and evidentiary impact.

Can An Attorney Challenge The Blood Warrant?

Absolutely. Warrants must be supported by probable cause and signed by a neutral magistrate. Any defect—such as missing affidavits, lack of witness oath, or inconsistent statements—can invalidate the test results.

What Should Be Done Immediately After A Refusal Arrest?

Time is critical. Request the ALR hearing, retain a defense lawyer, and avoid discussing details with law enforcement. Every statement made post-arrest can be used by prosecutors.

Can Refusal Affect Future DWIs?

Yes. A prior refusal can enhance penalties in later cases, resulting in longer suspensions or felony charges under repeat-offender statutes.

Do Refusal Cases Ever Go To Trial?

Yes, and our firm tries them regularly in the Galveston County Criminal Court. Many officers exaggerate their observations; cross-examination exposes inconsistencies that lead to acquittals.

Can A Refusal Case Be Expunged Or Sealed?

Possibly. If the case is dismissed or results in an acquittal, an attorney can petition under Tex. Code Crim. Proc. §55.01 for expunction. Deferred adjudication may qualify for nondisclosure after waiting periods.

Does The Court Treat Refusal Differently From Other DWIs?

Often yes. Judges see refusal as an aggravating factor. However, a strong defense narrative that explains legitimate reasons for refusal can significantly shift perception.

Can The License Be Reinstated Early?

DPS allows for occupational driver’s licenses under Tex. Transp. Code §521.242, permitting limited driving privileges for work or essential needs. Legal assistance is essential to obtain and maintain compliance.

Call Mark Diaz & Associates For Aggressive DWI Defense

Every DWI case in Galveston County demands immediate, strategic, and fearless representation. At Mark Diaz & Associates, we fight aggressively for clients facing breath or blood test refusals. Our courtroom reputation is built on results—earned through preparation, toughness, and precision.

If you or someone you know has been arrested for a first-time DWI, contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. The firm represents clients in Galveston, Houston, League City, Texas City, Dickinson, and throughout Harris and Galveston Counties. When prosecutors push, our attorneys push harder.