What Happens if You Refuse a Breathalyzer?

If you’re arrested for a DWI in Austin and you refuse the breathalyzer or the blood, the officer’s gonna read you a statutory warning, and he has to read it word-for-word, and at the very end of it, he’s gonna ask you if you consent to giving a breath or a blood sample.

If you refuse a breath or blood test when you’re arrested, you’re just refusing to allow them to get more evidence against you. Now, if it’s a no-refusal weekend – and no-refusal is actually any weekend in Texas. It’s just the judge is on standby to sign the warrant to draw blood, so even if you refuse, you could still be required to give a specimen of your blood.

If you consent to giving breath or blood, it gives the state more evidence to use against you, and your license will be suspended for 90 days, so your license is still getting suspended. If you refuse to give a sample, your license is suspended for 180 days, so it’s twice the term. It may seem like it’s a much longer suspension for refusing, but in the end, to not have the state have the evidence to use against you, it’s worth it.


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