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

Official source: refusal penalties (Texas)

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

Official source: license suspension for refusing (Texas)

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.

Sources

  1. Implied consent: Tex. Transp. Code §§ 724.011, 724.035, 724.041
  2. License suspension and hearing: Tex. Transp. Code §§ 524.013(b), 524.021, 524.022, 524.031, 724.035, 724.041

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.