Under Texas law, a person arrested for DWI is generally considered to have consented to provide a breath or blood specimen. A driver can still refuse the officer’s request, but the refusal may be used as evidence and may trigger a driver’s license suspension of at least 180 days. Police may also seek a warrant for a blood sample.
Because of this, a Houston DWI test refusal often creates two separate legal proceedings: the criminal DWI case and an Administrative License Revocation (ALR) case involving your driving privileges. You generally have only 15 days from the date you receive notice to request an ALR hearing.
Houston DWI Test Refusal Lawyer
Refusing a breath or blood test does not automatically make a DWI case stronger or weaker. When no breath or blood test result is available, prosecutors rely heavily on other evidence, such as:
- Driving behavior
- Officer observations
- Field sobriety tests
- Body-camera footage
- Witness statements
Michael & Associates Criminal Defense Attorneys helps people in Houston challenge both the criminal DWI case and the separate ALR proceeding. Our DWI lawyers can review your case, including the following:
- Initial stop's validity
- Body-camera video
- Warrant affidavits
- Blood draw protocols
- Laboratory records
We prepare every case with trial in mind. Our internal 2025 data showed a 63.6% favorable-result rate among DWI cases taken to or resolved in jury-trial settings, including acquittals, dismissals, and directed verdicts. Past results do not guarantee a similar outcome.
What Does Implied Consent Mean in Texas?
Under Texas Transportation Code § 724.011, a person arrested for an intoxication-related driving offense is generally considered to have consented to provide one or more breath or blood specimens.
However, implied consent does not give police unlimited authority to take chemical samples without legal process. Under §§ 724.012 and 724.013, if you refuse a breath or blood test, implied consent alone generally does not authorize a nonconsensual sample. Police ordinarily need a valid search warrant, the person’s voluntary consent, or a recognized exception to the warrant requirement, such as case-specific exigent circumstances.
Field Sobriety Tests vs. Chemical Samples
Texas implied consent law applies only to breath or blood specimens. It does not apply to the physical standardized field sobriety tests (SFSTs), which are voluntary roadside exercises.
Officers use three SFSTs to gather evidence:
- Horizontal Gaze Nystagmus (HGN): Tracks involuntary jerking of the eyes.
- Walk-and-Turn: Evaluates balance and multitasking through heel-to-toe walking.
- One-Leg Stand: Measures balance while standing on one foot.
Note: Refusing roadside SFSTs does not trigger an automatic ALR license suspension. However, officers can still use your refusal, along with your driving behavior, appearance, and statements, to establish probable cause for a DWI arrest.
What Is the DIC-24 Statutory Warning?
Before requesting a breath or blood specimen, Texas Transportation Code § 724.015 requires an arresting officer to inform you of specified consequences both orally and in writing.
Law enforcement officers use the Texas Department of Public Safety (DPS) Form DIC-24 (Peace Officer DWI Statutory Warning) to fulfill this statutory requirement.
Key Warnings Outlined in Form DIC-24:
- A refusal may be admitted into evidence in a later prosecution.
- Refusal can result in a license suspension of at least 180 days.
- The officer may seek a warrant for a specimen after a refusal.
- A person has limited time to request an ALR hearing to challenge the proposed license suspension.
What Counts as a DWI Test Refusal?
A refusal is not limited to saying "no." Under § 724.061 and § 724.032, a DWI test refusal can be an express refusal or an intentional failure to provide the requested specimen. Prosecutors can, and often do, argue that you refused even if there is no verbal refusal on video.
The following are situations police may treat as a refusal:
- Explicitly telling the officer you will not provide a sample
- Initially agreeing to give a sample, then changing your mind
- Allegedly failing intentionally to provide a sufficient breath sample during an Intoxilyzer test
- Conduct that an officer interprets as refusal when language barriers, hearing issues, or confusion may have prevented the driver from understanding the request
Can a DWI Test Refusal Be Used Against You in Court?
A refusal is not limited to saying "no." Under § 724.061 and § 724.032, a DWI test refusal can be an express refusal or an intentional failure to provide the requested specimen. Prosecutors can, and often do, argue that you refused even if there is no verbal refusal on video.
The defense can present alternative explanations for the refusal, such as:
- Confusion or misunderstanding of the officer’s instructions
- Distrust of the testing equipment or procedure
- Language barriers, hearing issues, or poor communication
- Medical concerns, panic, or fear during the arrest
Can Houston Prosecutors Prove DWI Without a Breath or Blood Test?
A chemical BAC result is not required to secure a DWI conviction in Texas. As defined in Texas Penal Code § 49.01, intoxication can be either:
- Having a BAC of 0.08 or higher, or
- Losing the normal use of mental or physical faculties due to alcohol, controlled substances, drugs, dangerous drugs, a combination, or any other substance.
When no chemical test result is available, prosecutors rely heavily on observational and circumstantial evidence. Examples include driving conduct, video footage, officer observations, witness testimony, and statements.
Can Houston Police Get a Blood Warrant After You Refuse?
Refusing a DWI breath or blood test does not stop the police from obtaining a blood sample. The DPS DIC-24 includes a warning that officers may seek a judicial search warrant for a blood draw after a test refusal. If a magistrate finds probable cause and signs the search warrant, your initial refusal no longer stops the procedure.
Blood warrants are not restricted to special holiday "no-refusal" enforcement operations. The Houston Police Department's general order allows officers to seek assistance with a blood warrant application during standard shifts.
Note: A "no refusal" operation generally means prosecutors, judges or magistrates, officers, and medical personnel have procedures in place to process blood warrant applications more quickly when a DWI suspect refuses.
Driver's License Suspension After a DWI Test Refusal
An Administrative License Revocation case is a separate civil proceeding from the criminal DWI case. Although the ALR and criminal cases are separate, an acquittal on a criminal charge arising from the same arrest can affect a Chapter 724 refusal suspension. Under Texas Transportation Code § 724.048, an acquittal generally bars the suspension arising from the same arrest. If the suspension has already been imposed, DPS must rescind it and remove references to the suspension from the individual’s computerized driving record.
Under Texas Transportation Code § 724.035, refusing a breath or blood test triggers specific statutory license suspension periods based on your 10-year driving history:
- 180-day suspension: Applies if you have had no qualifying alcohol- or drug-related enforcement contacts within the prior 10 years.
- 2-year suspension: Applies if your record shows one or more qualifying enforcement contacts within the prior 10 years.
ALR Hearing Request Deadline
The deadline to request an ALR hearing is one of the most critical timelines in a Houston DWI refusal case. If you miss this window, it can result in an automatic suspension of your driver's license.
Under Texas Transportation Code § 724.041, DPS must receive your hearing request no later than 15 days after you receive (or are presumed to receive) the suspension notice. DPS strictly enforces this rule and will automatically reject any late submission.
Possible Defense Strategies in a Houston DWI Refusal Case
Defending a DWI refusal case requires a detailed, evidence-driven evaluation. Michael & Associates can help you determine possible defense strategies for your case.
Here are the key defense areas we can review:
- Stop, detention, and arrest validity
- Statutory warnings and alleged refusal
- Video and reporting discrepancies
- Warrant and blood draw challenges
- Lab reliability and forensic analysis
- Burden of proof and fact weight
Note: No universal defense exists for refusal cases. Strategic choices depend entirely on the specific facts established before, during, and after the chemical specimen request.
Helpful DWI Resources
- Texas DPS Administrative License Revocation (ALR) Program: Explains the ALR process after a DWI-related test refusal or failed test.
- SOAH Driver's License Hearing Guide for Self-Represented Litigants: Provides general information about representing yourself in an ALR proceeding.
- Texas Driver License Eligibility Status: Lets drivers check their current Texas license status and eligibility.
- DIC-24 Peace Officer DWI Statutory Warning: Shows the warning form commonly used before an officer requests a breath or blood specimen.
Speak With a Houston DWI Test Refusal Attorney
A DWI refusal can create urgent issues that are easy to overlook in the first days after an arrest. The ALR hearing deadline can arrive quickly, and a refusal case may involve body-camera footage, breath-test records, warrant paperwork, laboratory evidence, and separate legal proceedings.
Michael & Associates helps Houstonians challenge both the criminal DWI case and the separate ALR proceeding. Our Houston DWI team is led by Charles A. Pelowski, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has completed advanced forensic training relevant to blood testing and laboratory evidence. The firm also has attorneys who have completed forensic training through the American Chemical Society’s Chemistry and the Law Division (ACS-CHAL).
A case review can help identify approaching deadlines, evaluate the evidence, and explain the available legal options.
