Refusing a DWI Test Can Trigger a Separate License Case
A driver in Texas pulled over near Conroe may only have a few moments to decide whether to provide a breath or blood specimen after a DWI arrest. Saying no might feel like the safest option in the moment, but refusing a requested specimen can trigger serious consequences that are separate from the criminal DWI case.
Texas Department of Public Safety records show that a first refusal generally brings a 180-day Administrative License Revocation suspension. The suspension can increase to two years when the driver's record contains a qualifying alcohol- or drug-related enforcement contact during the previous 10 years.
Our Conroe DWI lawyers at The Webb Firm, P.C. understand how quickly these cases split into two tracks. Founding attorney Amanda Webb previously served as an Assistant District Attorney in Montgomery County, giving her firsthand experience evaluating criminal evidence from the prosecution side before she began defending people accused of DWI and other offenses.
First Refusal: A refusal generally triggers a 180-day driver's license suspension.
Prior Alcohol- or Drug-Related Contact: A qualifying prior enforcement contact within the preceding 10 years can increase the refusal suspension to two years.
15-Day Deadline: DPS must receive a request for an ALR hearing within 15 days after the driver receives or is considered to have received the suspension notice.
Separate Cases: The ALR license proceeding is civil and separate from the criminal DWI prosecution.
Refusal Doesn't Always Stop a Blood Draw: Police may seek a search warrant or rely on another constitutionally recognized basis for obtaining a blood specimen.
Texas Implied Consent Applies After a DWI Arrest
Texas Transportation Code § 724.011 contains the state's implied-consent rule. A person arrested for an offense arising from allegedly operating a motor vehicle in a public place while intoxicated is deemed to have consented to providing one or more breath or blood specimens, subject to the requirements of Chapter 724.
That doesn't mean officers can ignore the legal rules that govern the request. Before asking for a specimen, the officer must provide required information orally and in writing, including the consequences of refusing or providing a specimen above the legal limit.
Texas officers commonly use the DIC-24 statutory warning for that purpose. Whether the warning was properly given, whether the request complied with the statute, and what happened after the request can all become important when the defense reviews the case.
A Refusal Starts the Administrative License Revocation Process
Refusing a breath or blood specimen doesn't undo the DWI arrest. Instead, it starts a separate civil process known as Administrative License Revocation, or ALR.
The officer serves a notice of suspension, commonly using the DIC-25 form. Unless the driver timely requests a hearing, the refusal suspension generally takes effect on the 40th day after the notice is received.
This is why the driver's license issue can begin moving before the criminal DWI case has been resolved. DPS describes the ALR process as separate from the criminal prosecution, even though both proceedings arise from the same arrest.
Refusal Suspensions Can Last 180 Days or Two Years
For an adult driver, Texas law generally imposes a 180-day suspension for refusing the requested breath or blood specimen.
The suspension increases to two years if the driver's record shows one or more qualifying alcohol- or drug-related enforcement contacts during the 10 years before the arrest. That category can include more than a prior refusal. Texas law also includes certain prior DWI-related convictions and prior administrative test-failure suspensions within the definition.
- First Refusal: Generally 180 days when the driver's record doesn't contain a qualifying prior enforcement contact within the applicable 10-year period.
- Refusal With a Qualifying Prior Contact: The suspension can increase to two years.
- First Test Failure: For comparison, DPS generally lists a 90-day ALR suspension for a first adult test failure.
- Reinstatement Fee: DPS currently charges a $125 ALR reinstatement fee before a suspended license can be reinstated or a new one issued.
These administrative consequences don't depend on a DWI conviction. The ALR process can move forward while the criminal charge is still pending.
The 15-Day ALR Deadline Can Decide Whether You Get a Hearing
A refusal doesn't mean the suspension is automatically final. Texas gives a driver a short opportunity to contest it.
Under Texas Transportation Code § 724.041, DPS must receive a request for an ALR hearing no later than the 15th day after the driver receives, or is considered to have received, notice of the suspension.
A timely hearing request stays the suspension until the administrative law judge issues a final decision. At the hearing, issues can include whether there was reasonable suspicion or probable cause for the stop or arrest, whether probable cause supported the DWI arrest, whether the driver was properly arrested and asked for a specimen, and whether the driver actually refused.
If the hearing isn't requested in time, the right to contest the suspension administratively can be lost. That 15-day deadline is one of the first things a DWI lawyer should evaluate after a refusal arrest.
A Refusal Can Become Evidence in the Criminal DWI Case
The license suspension isn't the only consequence. Texas Transportation Code § 724.061 allows evidence of a refusal to be admitted in a later criminal case.
Prosecutors may argue that a refusal suggests the driver believed a test would show intoxication. That isn't the only explanation. A person may be confused, frightened, distrustful of the process, concerned about needles, or unsure what the officer is asking.
A defense lawyer can challenge the meaning the prosecution tries to attach to the refusal rather than letting the jury hear only one interpretation of the decision.
A Refusal May Still Lead to a Blood-Warrant Investigation
Refusing a requested specimen doesn't necessarily mean police will proceed without chemical evidence.
Texas law directs officers to require a specimen in certain DWI cases, including some crashes involving serious bodily injury or death, cases involving a child passenger, and cases involving specified prior DWI history. In other situations, officers may apply to a judge for a search warrant authorizing a blood draw.
The constitutional distinction matters. In Birchfield v. North Dakota, the U.S. Supreme Court held that warrantless breath testing can generally be justified as a search incident to a lawful DWI arrest, while blood testing is more intrusive and generally requires a warrant, valid consent, or another recognized exception to the warrant requirement.
A warrant doesn't make the blood evidence automatically unchallengeable. The defense can review the probable-cause affidavit, how the warrant was issued and executed, how the sample was drawn, chain of custody, laboratory procedures, and whether the testing complied with applicable requirements.
Refusal Cases Still Leave Multiple Defense Issues to Investigate
Refusing a test doesn't eliminate the defenses available in a DWI case. Depending on the facts, a defense attorney may examine:
- The Initial Traffic Stop: Whether the officer had reasonable suspicion or another lawful basis to stop the vehicle.
- Probable Cause for Arrest: Whether the officer had enough evidence to lawfully arrest the driver for DWI before requesting the specimen.
- The Statutory Warning: Whether the required DIC-24 information was properly provided before the specimen request.
- Whether a Refusal Actually Occurred: An alleged refusal may involve unclear communication, an incomplete test, medical issues, or a dispute about what the driver actually said or did.
- The Blood-Warrant Process: Whether a warrant was supported by probable cause and properly executed.
- Blood-Sample Handling and Testing: Whether collection, storage, chain of custody, and laboratory analysis support the result the state wants to use.
Those issues can affect both the criminal prosecution and the separate ALR proceeding, although the rules and issues aren't identical in the two cases.
Frequently Asked Questions About Refusing a DWI Test in Texas
Does Refusing a Breath or Blood Test Make the DWI Charge Go Away?
No. The specimen request generally occurs after the DWI arrest has already been made. Refusing may leave prosecutors without a voluntarily provided breath or blood result, but they can still rely on other evidence such as driving behavior, officer observations, field sobriety testing, video, witness testimony, or a blood sample later obtained under a warrant.
How Soon Will My Texas License Be Suspended After a Refusal?
If no ALR hearing is timely requested, the refusal suspension generally takes effect on the 40th day after the driver receives the suspension notice. A timely hearing request stays the suspension until the administrative law judge issues a decision.
Can Police Still Draw My Blood After I Refuse?
Potentially. Police may seek a search warrant for a blood sample, and Texas law requires officers to pursue specimens in certain specified DWI situations. A nonconsensual blood draw still has to comply with constitutional requirements, so the warrant, any claimed exception, and the way the draw was performed can become defense issues.
What Happens if My DWI Charge Is Dismissed?
A dismissal doesn't automatically erase an ALR suspension because the administrative license case is separate from the criminal prosecution. An acquittal can be different. Texas rules provide that an acquittal can affect the related ALR suspension, while a dismissal ordinarily does not. The exact effect depends on how the criminal case was resolved.
Can a Refusal Be Used Against Me at Trial?
Yes. Texas law allows evidence that a driver refused the requested specimen to be admitted in a later prosecution. The defense can still challenge what the refusal actually proves and present circumstances that explain why the driver declined the test.
What Happens if I Miss the 15-Day ALR Deadline?
If DPS doesn't receive the hearing request within the statutory period, the request can be denied and the suspension generally goes into effect on the 40th day after notice. That is why drivers should treat the ALR deadline separately from any criminal court date listed on their paperwork.
A Conroe DWI Lawyer Can Address Both Sides of the Case
A Texas DWI refusal case can create two legal problems at once: the civil ALR license proceeding and the criminal charge moving through the court system. Each has its own procedures, evidence, and deadlines.
The Conroe DWI lawyers at The Webb Firm, P.C. can review the traffic stop, arrest, statutory warning, alleged refusal, ALR paperwork, and any warrant or blood evidence obtained afterward. Our case results reflect the firm's defense-focused approach, including a felony DWI case involving a child passenger that was dismissed after the evidence was challenged.
You don't have to guess what a refusal means for your license or your criminal case. Contact us to discuss what happened, the deadlines you're facing, and the defense strategies that may apply to your case.
“I have had the pleasure of speaking with Amanda and staff. I highly recommend this firm. The people are very knowledgeable, honest, professional, and care about your case. I was very pleased.” - Shirley S., ⭐⭐⭐⭐⭐
