Under Texas Transportation Code § 724.013, you can refuse a breath or blood test after a DWI arrest, but refusal triggers an automatic 180-day license suspension (2 years for repeat refusal). Officers can obtain a warrant for a forced blood draw under Missouri v. McNeely, 569 U.S. 141 (2013). Refusal is also admissible at trial as evidence of consciousness of guilt.
You have the right to refuse a DWI blood or breath test in Texas — but that right comes with serious consequences, including an automatic 180-day license suspension and the possibility of a warrant-authorized forced blood draw.
Texas Implied Consent Law
Texas Transportation Code § 724.011 creates “implied consent” — driving on Texas roads is consent to chemical testing if lawfully arrested for DWI. Under § 724.013, you have the right to refuse, but the statute imposes penalties for that refusal.
The 180-Day Suspension
Refusing the test triggers:
- First refusal: 180-day license suspension
- Second or subsequent within 10 years: 2-year suspension
You have 15 days to request an ALR hearing, as with test failures.
Warrants and Forced Blood Draws
The U.S. Supreme Court in Missouri v. McNeely, 569 U.S. 141 (2013), held that warrantless blood draws in routine DWI cases violate the Fourth Amendment. However, officers can — and routinely do — obtain telephonic warrants within minutes of refusal.
Texas has specific statutes authorizing mandatory blood draws without warrants in certain cases (Transportation Code § 724.012):
- Accidents with serious bodily injury or death
- Suspect has 2+ prior DWI convictions
- Child passenger under 15
- Suspect on open container offense
Is Refusal Admissible at Trial?
Yes. Under § 724.061, a defendant's refusal to submit to testing is admissible in a DWI prosecution. Prosecutors argue the refusal shows consciousness of guilt. Defense attorneys argue refusal is constitutionally protected and explained by confusion, medical conditions, or distrust of testing equipment.
Strategic Considerations
Why Some Drivers Refuse
- Belief that refusal prevents evidence collection
- Distrust of breathalyzer calibration
- Fear of needles or medical procedures
- Uncertainty about BAC level
Why Refusal Often Backfires
- Automatic 180-day suspension (vs. 90 days for failing)
- Officers obtain warrants quickly
- Refusal is admissible and argued as guilt
- Strip of any benefit from low BAC evidence
The correct choice depends on specific facts — always try to contact an attorney during the arrest process if possible.
Defense Strategies
Challenge the Arrest
If the arrest itself lacked probable cause, the refusal is inadmissible under Texas Code of Criminal Procedure art. 38.23.
Challenge DIC-24 Warnings
The statutory warnings must be given correctly. Defective or mistranslated warnings can preclude the suspension.
Warrant Validity
If officers obtained a warrant, the affidavit must establish probable cause with particularity. Facially defective warrants can lead to suppression of blood results.
Frequently Asked Questions
Should I refuse a DWI breath test in Texas?
It depends on the specific facts. Refusal triggers a 180-day suspension (vs. 90 days for failing) and officers typically get warrants quickly. Most DWI attorneys do not recommend reflexive refusal.
Can police force me to give blood?
Not without a warrant in most cases (Missouri v. McNeely). However, officers obtain warrants within minutes in many Texas counties, and certain aggravating factors under § 724.012 permit warrantless draws.
Does refusal help my DWI defense?
Rarely. The refusal is admissible as consciousness of guilt, and officers usually obtain blood anyway through a warrant. The long suspension makes refusal strategically questionable.
How long does it take to get a DWI warrant?
In most Texas counties, 15-60 minutes. Judges and magistrates are on-call 24/7 to issue telephonic warrants.
Can my refusal be used at my criminal trial?
Yes. Under § 724.061, the State can introduce your refusal. Defense attorneys can argue it reflects confusion or mistrust rather than guilt.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing DWI charges after refusing a test in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.