Can you refuse a breathalyzer test if you get stopped in Texas? Here’s the law
The neon glow from the bar is bright, but police lights are brighter.
If you get pulled over for suspected drinking and driving, you may have to take a breathalyzer test. However, whether or not you can refuse a breathalyzer or blood test in Texas depends where you are.
A driver suspected of driving while intoxicated is asked to undergo a field sobriety test and submit to a breath or blood test.
Motorists can chose to consent or refuse, but under a “no refusal” policy, police can electronically request a search warrant if a driver refuses to give a breath or blood sample for alcohol testing.
The the electronic warrant is sent to the officer’s dashboard computer or cell phone and, once received, police are legally allowed to use force to obtain a blood sample, according to Texas law firm Bailey & Galyen.
Drinking and driving contributes to around 31% of annual crash fatalities in the United States and is illegal in Texas.
“No refusal” programs are an enforcement policy aimed to reduce the number of crashes caused by impaired drivers.
The Texas Department of Public Safety has enforced a “no refusal” policy for events like the Poteet Strawberry Festival and some jurisdictions enforce the policy on weekends or during holidays.
Can you refuse a breathalyzer test in Texas?
If a “no refusal” policy is in effect, motorists cannot refuse a breathalyzer or blood test if pulled over by police.
Tarrant County enforced a countywide, year-round “no refusal” policy in 2020, meaning Fort Worth and other county residents must take a breathalyzer or blood test if asked at any point in the year.
A warrant obtained under the “no refusal” policy allows police to quickly draw blood from suspected drunk drivers who refuse to give a breath or blood sample.
