A source of confusion among Texans is whether or not you can refuse to blow into a breathalyzer device when a police officer demands it during a traffic stop.
Let’s take a look at the options (and potential consequences) below.
Your Rights During Traffic Stop
Can I refuse to blow during a traffic stop? Yes, you can, usually.
Unless a “no refusal” weekend is in effect, which usually occurs around the holidays or major events (like the Super Bowl), you can usually refuse to blow into a breathalyzer device.
Consequences
Are there any consequences if I refuse to blow? Unfortunately, Texas law is designed to automatically punish drivers who refuse to submit to an alcohol breath or blood test.
Texas has an interesting law called the “Implied Consent” statute.
The law more or less says that when you get in your car and start driving on Texas roads, you are implicitly (automatically) giving the State of Texas consent to perform an alcohol breath or blood test on you, should law enforcement pull you over.
Now, that may seem like you have to blow – you don’t. You can still refuse, assuming law enforcement does not suspect you caused an accident that left someone severely injured or dead.
That’s because the Implied Consent statute allows you take back your consent, but punishes you for doing so.
Punishments
First and foremost, even without the breath test, law enforcement may still arrest you and take you to jail on suspicion of drunk driving. You may later find yourself still charged with a DWI.
However, the Implied Consent statute discussed above lumps on a further punishment for withdrawing your consent.
In addition to any DWI punishments, your driver’s license will automatically be suspended for 180 days for refusing to blow. For a second offense, your driver’s license may be automatically suspended for two years.
This is a punishment for violating the “Implied Consent” statute, not the DWI statute.
Remember, even if the State does not pursue a DWI charge against you, violating the Implied Consent statute is an entirely separate offense.
So even if you are not charged a DWI, you may still have your driver’s license automatically suspended for refusing to blow into a breathalyzer device during a traffic stop.