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December 14, 2019

Can I Refuse to Perform a Sobriety Test in Texas?

Many people enjoy alcohol, and it’s not a crime to drink; however, it is a crime to drink and drive. If you have had a few alcoholic beverages but you think you’re fine to drive, you may be wondering, “Can I refuse to perform a sobriety test in Texas?”

You can refuse to perform field sobriety testing or breathalyzer tests, but there will be consequences for your refusal.

Automatic Administrative License Suspension

The first consequence of your refusal is an automatic license suspension of 180 days. It’s possible to fight this license suspension, but you will have to go to court to do so.

Additionally, your refusal to submit a specimen doesn’t mean the officer who pulled you over can’t still arrest you for driving while intoxicated (DWI). If they believe they have enough evidence that suggests you were driving impaired, they can use that evidence to prove their case.

Additionally, they can get a warrant, and you could be forced to submit to testing anyway, despite your refusal.

Finally, your refusal can be used against you in court. This is especially true if you’ve refused on more than one occasion.

Can You Fight Back?

Some people have legitimate reasons for refusing to provide a specimen, and you have every right to have your voice heard. Perhaps you believe the officer was harassing you or violating your rights. Whatever the case may be, you can fight back. An attorney can help you do what’s possible to get your license back, and they can defend you against a DWI conviction.

Contact a DWI Lawyer in Texas

If you refused to perform a sobriety test in Texas and you are facing legal issues because of it, reach out to a DWI lawyer for help. You can receive a free case review when you call Crain Lewis Brogdon, LLP at 214-522-9404 or when you send in the internet contact form at the bottom of this web page.