If you were arrested for DWI in San Antonio, you must understand how a DWI test refusal and implied consent law can affect your case. You can refuse a breath or blood test after a DWI arrest, but it can trigger a separate license suspension case with the Texas Department of Public Safety (DPS).
Additionally, a DWI test refusal may be used as evidence in the criminal case. And officers may still seek a blood search warrant after a refusal. In Bexar County, warrants are often obtained quickly because there's generally a magistrate judge and a prosecutor at the jail 24/7.
Under Texas Transportation Code Chapter 724, anyone who operates a motor vehicle in a public place is deemed to have consented to a breath or blood test if lawfully arrested for DWI.
San Antonio DWI Test Refusal Attorney
Refusal cases often create additional legal issues involving statutory warnings, consent, warrant procedures, and administrative license suspensions that may not exist in a standard breath-test case.
If you refused DWI testing after being arrested, you might feel overwhelmed by having to deal with both the license issue and the criminal case. While the DWI criminal case may be handled in Bexar County, the Administrative License Revocation (ALR) issue is handled separately through Texas DPS and the State Office of Administrative Hearings (SOAH).
A court-appointed lawyer in the criminal case may not automatically represent a person in the separate ALR proceeding. So anyone without private counsel can easily miss the deadline to request an ALR hearing.
Michael & Associates can help you deal with both cases. Our San Antonio DWI defense lawyers can review the stop, arrest, statutory warning, alleged test refusal, warrant process, and any breath or blood evidence.
What Implied Consent Means in a San Antonio DWI Arrest
Under Texas Transportation Code Chapter 724, a person arrested for certain intoxication-related offenses is considered to have consented to giving one or more breath or blood specimens for alcohol or drug testing.
After a DWI arrest, you have the ability to refuse a breath or blood test when the officer asks. But your refusal can have consequences, including a possible administrative license suspension and the possibility that the refusal may be used as evidence.
Implied consent usually applies to chemical testing (breath or blood tests). But it is not applicable to the roadside field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA).
In NHTSA training materials, the three standardized field sobriety tests officers can use during a DWI investigation are:
- Horizontal Gaze Nystagmus (Eye test): Involuntary eye jerking may indicate alcohol impairment.
- Walk-and-turn (Line walk): The driver has to walk in a straight line while following directions and maintaining balance.
- One-leg stand (Balance test): The officer looks for signs of impaired balance, coordination, or divided attention.
Note: Field sobriety test evidence can still be used by the State, especially to argue probable cause or impairment. But refusing roadside tests is not the same as refusing a breath or blood test after a DWI arrest.
Texas DWI Law and Refusal Cases
Driving while intoxicated is charged under Texas Penal Code § 49.04. For a conviction, the State must prove that the person operated a motor vehicle in a public place while intoxicated.
Texas Penal Code § 49.01 defines "intoxicated" as either having a blood alcohol concentration (BAC) of 0.08% or more, or by not having the normal use of mental or physical faculties because of alcohol, drug, dangerous drug, controlled substance, a combination of two or more of those substances, or any other substance.
In refusal cases, the prosecutors can still argue that the accused was intoxicated even without a breath or blood test. Instead of using the alcohol concentration as proof of intoxication, the prosecutors can base their case on the following:
- Driving facts
- Officer observations
- Video footage
- Statements
- Field sobriety tests
- Other evidence
DWI Test Warnings Before Breath or Blood Testing
Texas law generally requires officers to provide the statutory warning before requesting a specimen.
Officers commonly use the DIC-24 Peace Officer DWI Statutory Warning form. It explains that refusing the DWI test can trigger a license suspension or denial. The warning also includes that a refusal of a blood or breath test may be used as evidence in a later criminal case.
What Counts as Refusing a Breath or Blood Test?
A refusal is not always a clear verbal "no." Police may claim a person refused because of their words, conduct, delay, silence, or inability to complete a breath test.
For example, the police may treat it as a refusal if a person asks many questions, hesitates, gives an unclear answer, or struggles to provide a breath sample. But the defense can check whether the State can prove that a refusal actually occurred.
Can the Police Force Me to Take a DWI Test?
Refusing a breath or blood test does not always prevent police from obtaining a sample later. An officer may ask a judge or magistrate to sign a blood search warrant.
If a valid warrant is issued, police may be allowed to take a blood sample even after a refusal. This is common during "no refusal" periods, but it can also happen on ordinary nights.
In Texas, a DWI no-refusal period usually means officers have a faster process for seeking a blood search warrant when a person arrested for DWI refuses a breath or blood test.
However, a blood warrant does not make the case automatic for the State. The defense can still review the stop, arrest, and warrant affidavit; the warrant language; the blood draw procedure; the chain of custody; the lab testing; and whether the reported result actually proves intoxication at the time of driving.
Note: In Bexar County, the district attorney will not resolve or dismiss a case before the blood results are out. Blood test results usually take about 6 months, depending on laboratory workload and testing requirements. It could come back helpful to the defense, or it could show a BAC of 0.15% or more, which can elevate the charge.
Penalties for Refusing a DWI Test in San Antonio
Refusing a DWI test can cause driver's license issues.
For a first refusal, the penalty is an 180-day license suspension or denial. If the person has a qualifying prior alcohol- or drug-related enforcement contact within the previous 10 years, the suspension is 2 years.
You have a chance to contest the license suspension before an administrative judge. But the deadline for requesting an ALR hearing is short, usually within 15 days after receiving notice. If no timely hearing is requested, the suspension can go into effect on the 40th day after notice.
Helpful DWI Resources
- Texas DPS Administrative License Revocation Program: Explains the ALR process after a DWI-related test refusal or failed test, including the 15-day hearing request deadline.
- Texas DPS ALR Hearing Request Form: Lets eligible drivers request an ALR hearing after receiving notice of suspension.
- SOAH Driver's License Hearings Schedule: Use this page to search for your ALR hearing schedule.
- DIC-24 Peace Officer DWI Statutory Warning: Shows the warning form officers commonly use before requesting a breath or blood specimen.
Get Help From a DWI Attorney in San Antonio
If you refused a DWI breath or blood test in San Antonio, you should not wait to find out what happens next. The license deadline can move faster than people expect, and what happens in the ALR case may also help your lawyer understand the criminal evidence.
At Michael & Associates, we understand how stressful it is to face a DWI charge while also worrying about a possible license suspension. Our DWI attorneys in San Antonio can help review whether the officer had reasonable suspicion for the stop, probable cause for the arrest, a proper statutory warning, a clear refusal, and a lawful warrant or testing process.
Our attorneys, including ACS-CHAL Forensic Lawyer-Scientist RC Pate, who leads our San Antonio office, can help protect your rights, challenge weak evidence, and help you understand your options.
Contact us for a free case review.
Last updated in June 2026 and reviewed for accuracy by Michael & Associates' criminal defense attorneys.
