Is there a Texas no refusal law? In other words, are you required to submit a chemical sample to a police officer to determine your blood alcohol content (BAC)? If they ask you for a sample, they believe that you are a drunk driver.
In Texas the legal term is implied consent. There is no Texas law that a person must provide a sample to a police officer without a warrant. A no refusal weekend or a no refusal law do not exist. You are not required to provide a sample upon the request of a police officer.
If you are concerned what your test result might be, refuse. Your DWI attorney will have an easier time defending your case without a measurable test showing intoxication.
Texas No Refusal Law
The Texas Transportation Code deals with taking chemical samples to establish intoxication. In the Code it clearly states that a specimen may not be taken if the person refuses to provide the sample.
If you are unconscious, dead, or otherwise unable to refuse the sample, your consent is implied. You must actively refuse to provide the sample.
Actions After Refusal
Once you refuse to provide a sample, the police officer may apply for a warrant authorizing a specimen to be taken from the person. If they get a warrant, a sample will be taken.
In regards to your driver’s license, the Code explains:
if the person refuses to submit to the taking of the specimen, the person’s license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days; …
Once the police officer accepts your refusal, they will begin the suspension process. You can request a hearing to challenge the suspension determination.
Conclusion
You do not have to provide a sample to a police officer without a warrant. There are consequences, such as losing your driver’s license. But you need to understand that a conviction for DWI will also lead to the suspension of your driver’s license. We do not have a Texas no refusal law.
