If you are pulled over and asked to take a breathalyzer in Texas, you can refuse, but it may cost you. Texas’s implied consent law allows the state to suspend your license or add penalties even if you are not convicted of driving while intoxicated (DWI). Knowing what happens after a refusal can help you make a more informed decision.
You Can Refuse a Breathalyzer in Texas, But It Comes With Consequences
In Texas, driving on public roads means you have already given implied consent to chemical testing. According to Texas Law, which says that by operating a vehicle, you agree to take a breath, blood, or urine test if an officer believes you are driving under the influence. You can still say no to a breathalyzer, but refusing comes with some immediate consequences.
You may lose your license for a full year, and that decision is separate from anything that happens in criminal court. A refusal can also be used as evidence if your case goes to trial, especially in situations where DWI accusations are based more on behavior than test results. Refusing a breath test automatically triggers a 12-month suspension of your driver’s license.
This happens even if you are not charged with DUI or if your criminal case is later dismissed. The license suspension is a separate administrative action through the Texas Department of Driver Services. If the officer follows the rules and reads the implied consent warning correctly, that suspension may be more difficult to overturn.
Refusal May Matter More in DUI Drug Cases Than Alcohol Cases
Breath tests are designed to measure alcohol, not drugs. That means if an officer suspects you are under the influence of something like marijuana or a prescription drug, refusing the breathalyzer will not end the investigation.
In DUI drug cases, including prescription drug charges or marijuana-related stops, officers often request a blood or urine sample instead. Refusing any type of chemical test can lead to further action, such as a warrant or an evaluation by a Drug Recognition Expert (DRE), or eventual marijuana charges. These steps usually increase the pressure on the case and can make the charges more difficult to fight, even when no alcohol is involved.
Breath Tests Do Not Detect Drug Impairment
Breathalyzers are limited in what they can detect. They are only used to measure alcohol content, which means they cannot confirm drug use or rule it out. If an officer thinks you are impaired by drugs, they will likely move on to other forms of testing. That may include a blood draw, urine test, or a roadside evaluation by a specially trained officer.
Even if you refuse the breath test, it does not mean testing ends there. Refusal in a drug case may simply push the officer to find other ways to confirm their suspicion. The testing process might take longer, but it often continues if there are enough signs of impairment based on how you were driving or how you responded during the stop.
How Refusing Testing Complicates Drug-Related DUI Defense
Refusing chemical testing in a drug-related case can change the way your behavior is interpreted. Without a test result to review, prosecutors will often focus more on how you acted behind the wheel and during the stop. Things like confusion, slurred speech, or trouble following instructions may be treated as stronger indicators of impairment if there is no test to balance the officer’s claims.