When you’re stopped on suspicion of impaired driving, the decision to refuse a breathalyzer carries consequences that begin immediately. Under Texas’s implied consent law, every driver agrees to chemical testing when lawfully arrested for suspected intoxication. According to the Texas Department of Public Safety’s guidelines, a refusal activates the Administrative License Revocation process. See more at the Texas DPS ALR Program and Texas Legislature statutes.
As a firm that has tried cases across South Texas for over 30 years, we at the Law Office of Robert M. Maurer II & Associates regularly help drivers understand what refusal really means—and how to protect their rights from day one.
Immediate Consequences of Refusal
Refusing a breath test does not prevent an arrest. Once an officer has probable cause for DWI, refusal simply adds new problems. The officer can seize your license on the spot and issue a temporary permit. A first refusal typically results in a 180-day suspension. If you have a prior DWI or a previous refusal, the suspension may extend up to two years.
Importantly, officers can still seek a warrant for a blood draw, meaning refusal rarely stops the state from obtaining evidence.
Driver’s License Implications
Texas’s Administrative License Revocation process moves fast. You have 15 days from the date of your arrest to request a hearing. Miss that deadline, and the suspension becomes automatic—even if your criminal case is weak or later dismissed.
At the ALR hearing, the issues focus on procedure:
- Whether the officer had reasonable suspicion for the stop
- Whether there was probable cause for arrest
- Whether you were properly warned about refusal consequences
Even if you win your criminal DWI case, the administrative suspension can still stand. That is why swift legal action is essential and why our South Texas-rooted team guides clients through both tracks simultaneously.
How Refusal Impacts the Criminal Case
Prosecutors may argue that refusal shows a “consciousness of guilt.” Without a breath test, they rely heavily on officer observations, field sobriety tests, body-cam footage, and driving behavior.
However, our experience—built over decades in San Antonio and across South Texas—allows us to challenge the underlying stop, the officer’s conduct, or any procedural missteps. Refusal cases often hinge on whether the state can still prove you lacked normal mental or physical faculties.
Why Local Representation Matters
For more than 30 years, we’ve served Texans—born, raised, and educated here—defending clients in communities we know personally. We speak Spanish, maintain deep ties across South Texas courts, and offer 24-hour consultations. Every client is known by name, never treated like a file number, and we bring our local relationships and experience to every case.
Why Should You Hire The Law Office of Robert M. Maurer II & Associates?
Legal problems can be overwhelming, but you don’t have to face them alone. At the Law Office of Robert M. Maurer II & Associates, we understand the stakes. Whether you need a DWI lawyer or a criminal defense attorney in San Antonio, our commitment is personal and backed by decades of South Texas experience. Explore our full practice areas, learn how we can help, or visit our main site at sacriminaldefense.com. For immediate support, call now—we’re here 24/7 to protect your future.
