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Were You Pulled Over After a Night Out?
The laws that govern drunk driving have gotten more and more strict over the years in Texas. That means more severe fines and the possibility of longer jail or prison sentences. So, what should you do when you are pulled over after you’ve had one or two drinks?
It may seem like refusing to take a breathalyzer test will help your case, reducing the amount of evidence the state has against you. But that isn’t always the case, and refusing to take a breath test can come with its own set of consequences.
Shane Phelps Law is here to help you understand your legal options both during a DWI stop and after a DWI charge. If you are looking at a DWI conviction and you’re getting worried about how it will impact your life, call 979-596-6843 to schedule a free consultation with a DWI attorney.
Can You Refuse a Breathalyzer Test in Texas?
A breathalyzer test is a device used by law enforcement to measure a person’s blood alcohol concentration (BAC) through their breath. It is one of the most common tools officers use during a DWI investigation, especially after a driver has been pulled over for suspected impairment.
In Texas, you can legally refuse to take a breathalyzer test, but doing so comes with immediate consequences under the state’s implied consent laws. If you refuse, the Texas Department of Public Safety can automatically suspend your driver’s license for 180 days, even if you aren’t actually convicted of a DWI. A second refusal is even worse and can lead to a two-year license suspension.
Additionally, your refusal can be used against you in court. Prosecutors will likely argue that refusing the test shows a consciousness of guilt, which can influence how a judge or jury interprets your case.
What CAN You Do To Actually Help Your DWI Case?
Facing a DWI charge in Texas doesn’t mean you are powerless. While you can’t undo the arrest, there are steps you can take to avoid making things worse, and some of them may even improve your chances in court.
- Stay off social media – Posting about your arrest or the events leading up to it can come back to haunt you later.
- Write everything down – As soon as possible, document what happened before, during, and after the stop while your memory is fresh.
- Preserve any evidence – Keep receipts, GPS records, texts, or anything else that could show your location, sobriety, or form a timeline.
- Follow all bond conditions – One slip-up, like missing a court date or violating a condition, can hurt your credibility and be a huge setback in your case.
- Request a hearing – In Texas, you have only 15 days to fight an automatic license suspension. Be proactive and schedule your hearing as soon as possible.
If you keep your head low and stay out of trouble, you can increase your odds of a more favorable outcome after a DWI stop.
What Are the Punishments for a DWI in Texas?
DWI charges in Texas come with serious penalties, even for first-time offenders. The severity of the punishment depends on factors like your prior record, your BAC level, and whether anyone was hurt. Here’s what you could be facing:
First Offense (Class B Misdemeanor)
- Up to 180 days in jail
- Fines up to $2,000
- License suspension from 90 days to 1 year
- Possible ignition interlock device and mandatory alcohol education
Second Offense (Class A Misdemeanor)
- Up to 1 year in jail
- Fines up to $4,000
- License suspension up to 2 years
- Mandatory ignition interlock device
Third Offense (Third-Degree Felony):
- 2 to 10 years in prison
- Fines up to $10,000
- Long-term license suspension
- Felony conviction with long-term consequences
Additional penalties, like community service, probation, or required treatment, may also be imposed depending on the circumstances. Penalties can increase if a child was in the car, if someone was injured, or if you refused testing.
What Is an ALR Hearing and Why Does It Matter?
An Administrative License Revocation (ALR) hearing is a civil process handled by the Texas Department of Public Safety to determine whether your driver’s license should be suspended after refusing a breathalyzer test. If you refuse the test, you have just 15 days from the date of arrest to request this hearing. If you don’t, your license is automatically suspended, 180 days for the first refusal and up to 2 years for repeat refusals. The hearing gives you a chance to challenge whether the officer had legal grounds to request the test and whether you actually refused. This is separate from your criminal DWI case.
Do You Need Legal Representation?
Refusing a breathalyzer test might seem like a smart move in the moment, but it can quickly complicate your case. From automatic license suspensions to courtroom assumptions about your refusal, the fallout can hit fast and hard. That’s why having the right legal team matters. At Shane Phelps Law, we take every part of your case seriously, including what happened the moment those red and blues hit your mirror. Whether you’re facing your first DWI or dealing with a repeat charge, we’ll help you build the strongest possible defense. Call 979-596-6843 to schedule a free consultation and protect your license, your freedom, and your future.
