Can You Refuse a Breath Test in Texas?

If you were arrested for driving while intoxicated in Fort Worth or anywhere in Tarrant County, the next few days matter more than most people realize. Texas treats a DWI arrest as two separate problems: a criminal charge filed in county or district court, and an administrative action against your driver’s license. Each one has its own deadlines, its own rules and its own consequences.

Many people assume the license issue will be handled at their first court date. It will not. The license case runs on its own clock, and the most important deadline arrives long before most criminal cases are even set for a hearing. This guide walks through what to do first, what to gather and when to talk to a lawyer. It is general information about Texas law, not legal advice for your specific situation.

Step 1: Stay Calm and Protect Your Rights

You have the right to remain silent and the right to speak with a lawyer. Be polite and cooperative with officers, but you do not have to explain or argue your case on the side of the road, at the jail or in a follow-up phone call. Anything you say can become evidence in the prosecution’s case, even comments you meant as harmless small talk.

Avoid posting about the arrest on social media or discussing the details with friends, family or coworkers. Messages, photos and posts can be requested and used later, and a casual comment can be taken out of context. If someone needs to know what happened, keep it short until you have spoken with a lawyer.

Step 2: Write Down What Happened

As soon as you can, write a detailed timeline while your memory is fresh. Include where you were before driving, what you ate and drank and when, why the officer said you were stopped, what the officer asked and what you answered, which field sobriety tests you were asked to perform, and whether you gave a breath or blood sample.

“The police report is one officer’s account. Your notes, the video and the lab records may tell a different story.”

Small details matter. Road conditions, lighting, footwear, injuries, medical conditions, allergies, fatigue and nervousness can all affect how field sobriety tests are performed and interpreted. Note the names of anyone who was with you and anyone who saw the stop. Keep your notes private and share them only with your lawyer.

Step 3: Request Your ALR Hearing Within 15 Days

When you are arrested for DWI in Texas and either refuse a breath or blood test or provide a sample over the legal limit, the officer typically gives you a notice of suspension. In most cases you have 15 days from receiving that notice to request an Administrative License Revocation (ALR) hearing. If the request is not made in time, the suspension usually takes effect automatically.

Why the ALR hearing matters

The hearing is your opportunity to challenge the suspension. It is also one of the earliest chances to question the arresting officer under oath, long before the criminal case reaches trial. That testimony can expose inconsistencies between the officer’s report and the video, and it can become valuable evidence later in the criminal case.

Even if the suspension is upheld, you may be eligible for an occupational driver’s license that allows driving for work, school and essential household duties. Requirements vary, so ask your lawyer what applies to you.

Step 4: Gather Your Paperwork

Keep every document you received and put them together in one folder. It is common to leave the jail with a stack of papers and lose track of them. Your lawyer will want to see:

• The notice of suspension or temporary driving permit
• Your bond paperwork and any bond conditions
• Citations, the tow or impound receipt and any property receipt
• Your next court date and case number, if you have them
• Receipts or records showing where you were before the stop
• Names and phone numbers of anyone who was with you or saw the stop

Step 5: Follow Your Bond Conditions

Most people arrested for DWI are released on bond with conditions they must follow while the case is pending. Depending on the circumstances, a judge may require an ignition interlock device, alcohol monitoring, no alcohol consumption, travel limits or regular check-ins.

Read your conditions carefully and follow them exactly. A violation can lead to a bond revocation, a new arrest and a harder path in the criminal case. If a condition is creating a genuine hardship, such as the cost of a device or a conflict with your job, talk to your lawyer about asking the court to modify it rather than ignoring it.

Understanding Texas DWI Charges and Penalties

The classification of a DWI in Texas depends on the facts alleged and any prior convictions. In general terms:

• A first DWI is usually a Class B misdemeanor.
• A first DWI with an alcohol concentration of 0.15 or higher is a Class A misdemeanor.
• A second DWI is generally a Class A misdemeanor with increased penalties.
• A third DWI is generally charged as a felony.
• DWI with a passenger younger than 15 is a state jail felony.

Beyond jail time and fines, a conviction can bring license consequences, probation conditions, higher insurance costs and a permanent criminal record. The exact range depends on the charge and the court, so a lawyer should review the specific allegation and any prior record before you make decisions about your case.

How Breath and Blood Tests Are Reviewed

Chemical test results are often treated as the strongest evidence in a DWI case, but they are not automatically reliable. A breath test depends on properly maintained equipment, a qualified operator and the required observation period before the test. A blood test depends on a valid warrant or consent, a proper draw, correct storage and an accurate laboratory analysis.

A defense lawyer can request the maintenance records, the operator’s certification, the warrant and affidavit, the chain of custody and the lab’s data. Problems in any of these areas do not automatically end a case, but they can weaken the State’s evidence and open the door to a better outcome.

How a Fort Worth DWI Lawyer Can Help

A DWI defense starts by testing the State’s evidence: whether the traffic stop was lawful, how field sobriety tests were given, what the body-camera and dash-camera video show, and whether breath or blood testing was handled correctly.

Andrew Decker Law handles the criminal case and the ALR hearing together, so deadlines are protected and every piece of evidence is reviewed. Andrew explains your options in plain language and prepares every case as though it may go to trial.

Frequently Asked Questions

The Bottom Line

A DWI arrest is not a conviction. Protect your license by acting on the ALR deadline, follow your bond conditions, keep your paperwork, write down what happened and talk to a criminal defense lawyer before making decisions about your case. The earlier a lawyer reviews the evidence, the more options you are likely to have.

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This article is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, so talk to a lawyer about your specific situation.