Texas DWI Lawyers Explain Reasons for DWI Blood Test Refusal
Contents
Texas DWI Lawyers Explain Reasons for DWI Blood Test Refusal
Getting pulled over for suspected drunk driving is scary. The flashing lights in your rearview mirror make your heart race. You know you’ve had a few drinks, but you don’t feel drunk. When the officer asks you to take a breathalyzer or blood test, you panic. Should you refuse?
This is a common dilemma for drivers in Texas. The state has strict drunk driving laws and aggressive enforcement. Refusing a chemical test can have serious consequences. But for some people, it may be the best option.
In this article, Texas DWI lawyers explain the reasons someone may refuse a blood alcohol test after a DWI stop. We’ll cover the pros and cons of refusing vs complying. And highlight key facts about Texas implied consent laws and penalties for test refusal.
Texas’s Implied Consent Law
Texas has an “implied consent” law for DWI cases. This means that by driving in the state, you automatically consent to take a breath or blood test if you’re lawfully arrested for DWI. An officer doesn’t need a warrant or your actual consent to administer one of these chemical tests and use the results as evidence.
However, you can still refuse to take a breathalyzer or blood test in Texas. The implied consent law doesn’t give officers the right to forcibly take samples without a warrant. So if you refuse, they legally can’t make you comply.
That said, refusing comes with penalties – even if you’re not convicted of DWI. We’ll cover those next.
Penalties for Refusing a DWI Blood or Breath Test
Under the Texas Transportation Code, if you refuse to submit to a requested breath or blood test, you face these civil penalties:
- A 180-day driver’s license suspension, regardless of whether you’re convicted of DWI
- Possible vehicle impoundment if you’ve previously been convicted of DWI
- A fine of up to $2,000
- The possibility that your refusal can be used as evidence against you in court
The license suspension takes effect 40 days after your arrest. You can appeal it, but will likely need an experienced DWI lawyer’s help. Without strong legal arguments, the suspension will stand.
These are administrative penalties imposed by the Texas Department of Public Safety. They happen separately from any criminal DWI penalties if convicted. So you could serve a license suspension AND jail time, fines, etc.
Why Refuse a DWI Blood Test in Texas?
With harsh penalties for refusing, why would any Texas driver decline a chemical test? There are a few reasons it may make sense in certain cases.
Avoid Providing Solid Evidence of Intoxication
The main reason people refuse blood or breath tests is to avoid giving prosecutors rock-solid evidence of intoxication. Blood and breath samples that show alcohol concentration levels over the legal limit of 0.08% make DWI convictions much more likely.
Without chemical test results, prosecutors have a tougher case. They have to rely on officers’ testimony about your driving, appearance, and performance on roadside sobriety exercises. A skilled DWI lawyer can often pick apart this evidence to raise doubts.
So while refusing to blow won’t prevent a DWI arrest, it forces the state to build a case without scientific BAC results. This gives your lawyer more angles to pursue for beating the charges.
Avoid Enhanced DWI Penalties
Under Texas law, drivers with higher alcohol concentration levels face enhanced DWI penalties compared to drivers just over the 0.08% limit. This is because higher BACs indicate more severe impairment.
For example, first-time offenders with a BAC between 0.15-0.20% can be jailed for up to a year. And BAC levels over 0.20% bump the minimum jail time up to 72 hours.
By refusing to provide a blood sample, you avoid any chance of falling into these higher penalty ranges. Even if convicted, your punishment will be based on the 0.08-0.15% bracket.
Questionable Probable Cause
Some drivers refuse testing because they don’t believe officers had valid probable cause for the DWI arrest. Without probable cause, the arrest itself was unlawful.
By refusing to comply with requests stemming from an invalid arrest, you strengthen your case for beating the charges. It shows you didn’t believe there were legal grounds for the officer’s actions.
An experienced DWI lawyer can review if probable cause existed based on details like:
- The reason for the initial traffic stop
- What the officer observed before making an arrest
- How field sobriety tests were administered
They can then work to get DWI charges dismissed if it’s determined the officer overstepped.
Medical Conditions
Some medical conditions like diabetes, acid reflux, and others can cause false positives on breathalyzers. People with these conditions may refuse testing to avoid incorrect BAC results.
They can then have their lawyer explain about the condition and argue the medical case against the DWI charges.
Prescription Medications
Certain prescription and over-the-counter medications can also lead to failed blood or breath tests. For example, cough syrups contain alcohol that registers on a breathalyzer.
Someone on medications may refuse a test. Their lawyer can then challenge DWI charges by presenting evidence about the medications and explaining why the failed test doesn’t prove impairment.
No Refusal Weekends in Texas
While drivers can refuse tests, Texas has “no refusal” weekends with enhanced DWI enforcement. On these weekends, officers can quickly obtain warrants to collect blood samples from drivers who refuse breath tests.
Judges are on standby to issue electronic warrants so officers don’t waste time getting them. With a warrant, they can use reasonable force to compel a blood draw if needed.
No refusal operations make it very difficult to avoid providing prosecutors with blood evidence. This removes a key reason some drivers refuse tests in the first place.
However, an experienced DWI lawyer may still be able to challenge the warrant and fight to exclude the blood evidence. For example, if there was no probable cause for the DWI arrest to begin with.
Should You Refuse a DWI Test in Texas?
Whether to refuse a breath or blood test after a DWI stop is a personal decision with risks either way. While penalties for refusing are steep, a failed test all but guarantees a conviction.
An experienced Texas DWI lawyer can advise if refusing makes sense in your specific case. They’ll consider the arrest details, your medical history, medication use, and other factors.
With their guidance, you can make an informed choice about exercising your right to refuse. And if you do refuse, take steps to mitigate the penalties.
For example, your lawyer can help you obtain an occupational license so you can still legally drive to work during your suspension. And challenge the suspension itself if there are grounds to dispute it.
Don’t go it alone after a DWI arrest and test refusal. Get experienced legal help fighting the charges and penalties.
References
Here are the references cited in this article:
The Implications of a DWI Chemical Test Refusal in Texas
Texas’s DWI Implied Consent Laws and Blood or Breath Alcohol Tests
Refusing a DWI Test and Implied Consent in Texas
Implied Consent to DWI Blood Tests and Other Searches
Can I Refuse a Breathalyzer or Blood Test After a DWI in Texas?