In Texas, all motorists on public roads have given implied consent to submit to breath, blood and chemical tests simply by operating their vehicle on Texas roadways. Refusing these tests will automatically subject you to surcharges and driver’s license suspension.
However, the implied consent law only applies to evidentiary tests, which can only be administered at the police station.
The following tests are not required by law:
- Field sobriety tests
- Portable breath tests
- Drug recognition expert (DRE) tests
At The Law Offices of Tad Nelson & Associates, our Houston DWI breath and blood test attorneys can still challenge the validity of these test results, the DWI stop itself or the search of your vehicle or person even if you fail the tests.
Even the evidentiary tests at the police station are not completely accurate, and mistakes are sometimes made in collecting results.
Breath Test & Blood Draw Refusal Penalties
We do not advise refusing the breath test at the police station. The police officer can get a warrant from a judge or magistrate to perform the breath test or blood test if he or she can show probable cause.
If a warrant is obtained, you will face penalties for a DWI refusal. If you take the tests, you might pass, and we can still challenge the results in many ways if you do fail.
The penalties you will face for DWI refusal include:
- Immediate Administrative License Revocation (ALR) for at least 180 days
- Surcharges in addition to DWI conviction penalties
There is no penalty for refusing to submit to a DRE evaluation.
If you’re arrested for DWI, DUI or DUID, your driver’s license will also be suspended immediately. We can help you apply for an occupational license if you act quickly.
Many of our clients also ask us about “No Refusal Weekends.” This program is deceptive and only applies to evidentiary tests administered at the police station. You still have the right to refuse all other tests, and we can still challenge the results and procedures used to collect results in many ways.
Our founding attorney, Tad Nelson, is a former assistant district attorney for Galveston County, and he is a Board Certified® criminal law attorney by the Texas Board of Legal Specialization. He and our associate attorneys have attended training courses regarding DRE refusal and are familiar with every aspect of DWI laws in Texas.
Contact The Law Offices of Tad Nelson & Associates
If you or a family member were arrested in Houston for DWI with the added component of blood or breath test refusal, contact our law firm today. Arrange a free initial consultation with a our legal team using the contact form or by calling 281-280-0100.
*The Texas Board of Legal Specialization certifies attorneys in 20 specific areas of law; certification in any of these areas requires substantial demonstrated experience and skill, positive peer evaluations, ongoing legal education commitments and the passage of a rigorous test.
