DWI Breath & Blood Test Refusal in Houston
A refused breath test in Texas, or a refused blood test, after a DWI arrest in Houston sets two things in motion: a possible driver’s license suspension and the criminal DWI case itself. You usually have only 15 days to request a hearing to fight the suspension. Leslie LeGrand has 24 years as a lawyer, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and is a former Harris County prosecutor. He has seen refusal cases from both sides of the courtroom, and a refusal does not mean you will be convicted.
Free DWI ConsultationFormer Harris County prosecutor · 24 years in Texas criminal law
Texas Implied Consent in Plain English
Under Texas law, anyone who drives on a public road is considered to have agreed to give a breath or blood sample if lawfully arrested for DWI. Before asking for a sample, the officer is supposed to give you certain warnings, usually in writing (form DIC-24), explaining what can happen if you refuse. You still have the right to say no. Saying no has consequences, but it is not a crime by itself.
What Happens After a Refused Breath Test in Texas
License suspension through ALR
A refusal starts an Administrative License Revocation (ALR) case with the Texas Department of Public Safety. This is separate from the criminal case. For a first refusal, the suspension is generally 180 days. If you have a prior alcohol- or drug-related contact within the past 10 years, it can be 2 years. The suspension usually begins 40 days after you receive notice unless you request a hearing in time. More detail is on our ALR hearings and license suspension page.
Blood search warrants
In Harris County, a refusal often leads officers to seek a search warrant for your blood. A judge or magistrate can sign one quickly, sometimes electronically, and the blood is then drawn without your consent. That means many refusal cases still end up with a blood result. Our blood and breath test defense page explains how those results can be tested.
How a refusal is used at trial
Prosecutors are allowed to tell a jury that you refused. They will argue you refused because you knew you would fail. There are often innocent explanations: fear, confusion, distrust of the machine, or poor instructions from the officer. How that story is told matters.
Challenging the Stop, Warnings, and Warrant
A refusal case is still a DWI case, and the State must still prove it. Leslie looks at whether the officer had a lawful reason to stop you, whether there was probable cause to arrest, and whether the statutory warnings were given correctly. If a warrant was issued, he examines the affidavit behind it, the timing, and how the blood was drawn, stored, and tested. Problems at any of these steps can affect the license case, the criminal case, or both. If someone was seriously injured in a crash, the case may instead be charged as intoxication assault, a felony with much higher stakes.
The 15-Day ALR Deadline
If you do nothing, the suspension takes effect automatically. Requesting an ALR hearing in time keeps your license valid until the hearing in most cases and gives your lawyer a chance to question the arresting officer under oath. That testimony can be valuable later in the criminal case. If you are reading this soon after your arrest, the most useful thing you can do today is call.
Leslie’s Approach After 24 Years in the Courtroom
With 24 years as a lawyer, including time as a Harris County prosecutor, Leslie knows how refusal cases are built and where they tend to be weak. As a board-certified criminal law specialist, he handles each case himself, reviews the video and paperwork closely, and gives you a straight answer about your options. Learn more about what happens after a DWI arrest in Houston or see our main Houston DWI defense page.
Frequently Asked Questions
How long is the suspension for refusing in Texas?
Generally 180 days for a first refusal and 2 years if you have a prior alcohol- or drug-related contact in the past 10 years. Requesting an ALR hearing within 15 days can delay it and may let you win.
Can police force a blood draw?
Not without a valid legal basis. In most refusal cases, officers get a search warrant from a judge. Leslie reviews whether that warrant and the draw itself were lawful.
Is refusing better than failing the test?
There is no one right answer. A refusal can mean a longer license suspension and is admissible at trial, but it may also leave the State with less evidence. What matters now is the evidence that actually exists in your case.
Can I get an occupational license after refusing?
Often yes. Many drivers can apply for an occupational (essential need) license to drive to work, school, and other necessary places during a suspension.
Does a refusal mean an automatic conviction?
No. The State must still prove beyond a reasonable doubt that you were intoxicated while operating a motor vehicle in a public place. Many refusal cases have weak points worth challenging.
Protect Your License Now
The 15-day clock starts quickly after a refusal. Call Leslie LeGrand Law, PLLC at 713-333-8997 for a free, confidential consultation, or send us a message. Our office is at 5300 Memorial Dr., Ste. 750, Houston, TX 77007. You can also read more about Leslie.
This page is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.
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