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Do I Have to Take a Breath Test in Texas?

In the event of a DWI arrest in Texas, the arresting officer will ask the suspect to take a breath or blood test to determine his/her blood alcohol content (BAC). Many people wonder if it is mandatory to take a post-arrest chemical test.

Although you can refuse to take a chemical test, refusal can lead to serious penalties under the state’s implied consent law. This means that any person who operates a motor vehicle in a public area automatically consents to submit to BAC testing.

If a person refuses a breath test, he/she will face administrative penalties from the DMV. Remember, a conviction will also result in criminal penalties.

The following are the administrative penalties for post-arrest chemical test refusal in Texas:

  • First DWI - Driver’s license suspension for up to 180 days
  • Second DWI (within 10 years of a DWI arrest) - Driver’s license suspension for up to two years

If an administrative license suspension is given, the person can apply for an occupational license that allows him/her to commute to and from work and take care of important household duties.

If you have been arrested for a DWI in Dallas, contact the Law Offices of Robert Gregg today at (214) 891-7536 and request a free case review.