Can saying “no” really hurt more than saying “yes”? When it comes to refusing a breath test during a DUI stop, the answer is yes—often in more ways than people expect.

Across Texas, law enforcement takes impaired driving seriously. But even before any charges are filed, the consequences of refusing a breath test can hit fast and hard. Many drivers believe that refusing to blow helps avoid conviction. In reality, it can trigger automatic penalties that begin before you even step foot in a courtroom.

At the Law Office of Robert M. Maurer II & Associates, we’ve seen how a single decision in a high-stress moment can change the course of a case. With over 30 years of experience trying cases across South Texas, we know how prosecutors think—and we know how to push back when your rights are at risk. Our DWI lawyer in San Antonio and across the region is available 24/7 for consults.

This article breaks down what happens when you refuse a breath test, why it can make matters worse, and what your legal options look like afterward.

What Happens Immediately After Refusing a Breath Test?

In Texas, refusal to take a breathalyzer automatically triggers the state’s “implied consent” laws. When you get behind the wheel, you’re legally assumed to have agreed to testing if lawfully arrested for suspicion of DUI.

Refusing a breath test usually leads to:

• Immediate license suspension (typically 180 days for a first offense)
• A hearing process to contest the suspension—if requested within 15 days
• Use of the refusal in court as possible evidence of guilt

Even if you’re later found not guilty, the suspension still applies unless successfully challenged.

How Refusal Can Weaken Your Defense

It’s natural to think refusing the test limits the evidence against you. But prosecutors can—and often do—argue that refusal suggests you had something to hide.

Here’s how it can affect your case:

• No breath test doesn’t mean no evidence.Officers may rely more heavily on field sobriety tests, dashcam footage, and body cam recordings.
• The refusal itself can be mentioned to the jury.That can shape perceptions and make defending the case more difficult.
• It may limit plea deal options.Prosecutors may be less inclined to offer favorable agreements if they see the refusal as uncooperative behavior.

When You Should Still Refuse

There are rare instances where refusing a breath test may be advised, such as when you haven’t been lawfully stopped or arrested. But these are legal gray areas and should only be weighed with the help of a qualified DUI attorney. For most people, the cost of refusal is simply too high.

Thinking About Refusing? Think Again.

Are you facing DWI charges or unsure how to respond if you’re pulled over? It’s critical to speak with a criminal defense lawyer before making decisions that could impact your future. At the Law Office of Robert M. Maurer II & Associates, we’ve spent decades defending clients in San Antonio and the surrounding counties. Our DWI attorney knows the courts, the prosecutors, and the local system inside and out. We’re one of the leading legal teams in South Texas for those accused of DUI and criminal offenses—and we speak Spanish, too.

Don’t let one decision cost you your license, your reputation, or your freedom. Call now at (210) 222-8284 to speak with a dedicated DUI lawyer in San Antonio who takes your case—and your future—personally.