San Antonio Lawyers / Can I Refuse a Breathalyzer Test?

Can I Refuse a Breathalyzer Test?

Can I refuse a breathalyzer test in Texas? Watch this video to learn what you could be losing. Then call for a free consultation with an experienced San Antonio DWI attorney.

Question: Can I refuse a breathalyzer test in Texas?


In Texas, if you’re pulled over for a DWI and the officer requests that you take a blood or breath test, you can refuse. If you refuse, some things are going to happen. If you are in a larger county or city, they will go to a magistrate and they’ll get a warrant and they’ll draw your blood. In a smaller county or city, very often they don’t have that ability and they’ll just accept your refusal. There are a few things that happen when you refuse. The driver’s license suspension is longer if you refused to take the breath or blood test. Can I Refuse a Breathalyzer Test? The old way of looking at it was that you always refuse, and that still may be good advice in a lot of circumstances. However, if your blood or breath test is barely over the legal limit, I find it very often easier to defend a breath test than a blood test. Very often, the advice is if you think you’re just barely over the legal limit or close to it, then sometimes you might be better off taking the breath test. One, you have a lower suspension period, and two, you’ll end up with a case that’s more defendable.

Were you or a loved one arrested for drunk driving and are wondering, “can I refuse a breathalyzer test? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you. Attorney Kurt W. Gransee has achieved the highest rating of superb on Avvo. Read Our FREE DWI Guide

Successful Case Defending DUI

Mark S. – Our client was apprehended after being observed traveling 30 miles an hour down a federal interstate and then he stopped for no reason and wouldn’t move at a flashing yellow light.  The officer observed blood shot eyes, thick tongued tied slurred speech and admitted to consuming alcohol.  While standing there was a noticeable sway.  Our client then refused to blow into a portable breath testing machine and later refused to take the breathalyzer.  Because of the long delay in charging the defendant after his initial arrest we filed a motion to dismiss because of the denial of our clients right to a speedy trial.  Ultimately the case was dismissed.