If you’re pulled over for suspected DWI in League City or Galveston, one of the most critical decisions you may face is whether or not to take a breath test. While you technically have the authority to refuse, it can be costly under Texas statutes. The penalty for a refusal can vary from how it affects your driver’s license to the strength of your legal argument.
We at the Law Offices of Tad Nelson & Associates have defended clients throughout Galveston County through the legal consequences of a breath test refusal. Here’s what you need to know if you or someone you care about is facing this situation.
What Happens When You Refuse a Breath Test in Texas?
Texas follows an “implied consent” law. That means when you drive in the state, you’re presumed to have consented to chemical testing—such as a breath or blood test—if law enforcement suspects DWI.
It’s important to distinguish between refusing a field sobriety test and an official breathalyzer at the police station. While field tests are optional, refusing an official breath test can trigger immediate administrative penalties—even without a DWI conviction.
These rules apply across Texas, including League City and Galveston, where law enforcement takes DWI enforcement seriously.
License Suspension and Administrative Penalties
Under the state’s Administrative License Revocation (ALR) program, refusing a breath test automatically results in a license suspension:
- First-time refusal: 180-day suspension
- Second or subsequent refusal (within 10 years): 2-year suspension
You may be eligible for an occupational license for work or essential needs. But act fast—you must request an ALR hearing within 15 days of your arrest or lose that opportunity.
To understand how this plays out in a first-time case, see our guide on the first DWI offense in Texas.
Refusal Doesn’t Guarantee Protection
Many people believe refusing the breath test will shield them from a conviction. That’s not the case.
Even without chemical results, prosecutors may use:
- Officer observations (e.g., odor of alcohol, slurred speech)
- Dash cam or body cam footage
- Witness testimony
Refusing a test can also be introduced as evidence of guilt. A jury may interpret it as an attempt to hide impairment. In some cases, this can make the prosecution’s job easier—not harder.
Texas courts also allow officers to request a warrant for a blood draw if you refuse, which could still result in BAC evidence being collected against your will.
Weighing the Pros and Cons of Refusal
Many drivers believe that refusing a breath test is the best way to avoid incriminating themselves—but this isn’t always true. Here’s a closer look at the potential advantages and drawbacks:
Pros:
- May limit direct BAC evidence
- Can make prosecution’s case more complex without chemical proof
Cons:
- Guaranteed license suspension under the ALR program
- Potentially negative perception by judges and juries
- No assurance of avoiding arrest or conviction
While refusing might seem smart in the moment, it can work against you in both the courtroom and administrative process. If you’ve already refused, it’s essential to involve a Texas DWI lawyer right away to evaluate your situation and build a defense.
Defending Against a Breath Test Refusal Charge
If you refuse a breath test in Galveston or League City, your lawyer can help by:
- Requesting and preparing for your ALR hearing
- Determining if police had probable cause for the stop
- Challenging how officers explained your rights and the consequences of refusal
- Identifying procedural errors or civil rights violations
At the Law Offices of Tad Nelson & Associates, we know how to protect your license and challenge the refusal itself. Whether it’s your first offense or not, you still have legal options.
Why Local Experience Matters
Texas DWI laws are tough—but enforcement can vary by county. Court procedures, judges, and juries in Galveston and League City differ from those in Houston or other areas.
Attorney Tad A. Nelson brings decades of courtroom experience in Galveston County. His local insight is critical in defending DWI cases and minimizing the impact of a refusal.
Working with someone who understands ALR hearings and the local traffic courts can give you a real advantage. Timing and legal strategy matter—especially when your ability to drive is at stake.
Act Quickly to Protect Your Rights
Refusing a breath test can create serious complications—but it doesn’t mean your case is hopeless. From license hearings to court defense, we’re here to help.
If you’ve refused a breath test in Houston, League City, or Galveston, don’t wait. Contact the Law Offices of Tad Nelson & Associates today at 281-280-0100. We’ll help you understand your options and fight for your future.
