Texas · DWI · Checked October 2026
Refusing a Breath or Blood Test in Texas
Refusing a Breath or Blood Test in Texas: What Are the Rules?
What happens if you refuse a breath or blood test in Texas.
- Refusal penalty
- License suspended (or a license denied) for 180 days, or 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years. The suspension starts on the 40th day after notice unless you request a hearing within 15 days
- License suspension for refusing
- 180 days; 2 years with one or more alcohol- or drug-related enforcement contacts in the previous 10 years
- Deadline to challenge
- 15 days
Refusal Penalties in Texas
License suspended (or a license denied) for 180 days, or 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years. The suspension starts on the 40th day after notice unless you request a hearing within 15 days.Tex. Transp. Code §§ 724.011, 724.035, 724.041
License Suspension for Refusing in Texas
180 days; 2 years with one or more alcohol- or drug-related enforcement contacts in the previous 10 years.Tex. Transp. Code §§ 524.013(b), 524.021, 524.022, 524.031, 724.035, 724.041
More on DWI Law in Texas
See the full overview of DWI laws in Texas and read about implied consent laws in every state.
This page summarizes Texas law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Texas can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Texas?
License suspended (or a license denied) for 180 days, or 2 years if your record shows an alcohol- or drug-related enforcement contact in the previous 10 years. The suspension starts on the 40th day after notice unless you request a hearing within 15 days.
How Long Is the Suspension for Refusing?
180 days; 2 years with one or more alcohol- or drug-related enforcement contacts in the previous 10 years.