In Texas, driving while intoxicated (DWI) is illegal, with a blood alcohol level of 0.08 being the legal limit. Refusing mandatory breath or blood tests after arrest leads to a minimum 90-day license suspension and possible jail time, increasing with repeated offenses. There are exceptions to test refusal, including accidents or prior DWI convictions.

1. DWI Punishments in Texas

2. As all drivers know, driving while intoxicated is not only
dangerous and often fatal it is also illegal in the United
States, so to combat this, officers will stop drivers
suspected of DWI.

3. The suspected driver then has to undergo a breath or blood
test.

4. DWI Tests in Texas

5. Once a driver is arrested for suspicion of driving while
drunk, the officer in the state of Texas have the option of
administering either a breath or blood alcohol test to
confirm that a suspected driver was indeed driving while
intoxicated.

6. Texas state law states that a blood alcohol level of 0. 08 is
legally driving intoxicated.

7. In addition state law states there is already an implied
consent, so refusal of such test is also against the law.

8. If a driver arrested for suspected driving while intoxicated
refuses to take one of the required tests the driver will have
their drivers license suspended for at least 90 day, and will
have to spend three days in jail, but if there is an open
container discovered at the time of the arrest then the
driver will have to spend six days in jail.

9. This can also include a suspension of the drivers’ license for
up to 180 days.

10. If there is a second or third offense then the driver will lose
their driver license for two years for each offense.

11. Further consequences that occur from refusal to take the
test is that the officer will require the suspected driver to
sign a statement that says the officer warned you of the
consequences of refusal to take either a breath of blood
alcohol test.

12. Refusing to take the test doesn’t guarantee that the
suspected driver will not be convicted of driving while
intoxicated.

13. The prosecuting district attorney can and most often will
use the fact that the suspected driver refused to submit to
one of the required tests against you.

14. Ultimately this could mean that a driver suspected of
driving while intoxicated can be convicted without the state
having to prove that the drivers blood alcohol level was at
least 0.08

15. Exceptions of DWI Test Refusal

16. There are certain exceptions to the refusal of a driving while
intoxicated test.

17. These exceptions include if the suspected driver is in an
accident, if the driver has two prior DWI convictions, or if
the driver has one prior DWI conviction and a child is
present with the driver, and the final exception to refusing
the required test if if you are in an accident that leaves you
knocked out or deceased.