Can I Refuse a Breathalyzer Test?

Question: Can I refuse a breathalyzer test in Texas?

Answer:

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. 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.