What Does No Refusal Mean in Texas?

What Does No Refusal Mean in Texas?

No Refusal is a policy where police obtain a search warrant to draw blood in the event of a breath or blood test refusal. Many Texas counties employ No Refusal as standing policy, which means drivers arrested for DWI are always subject to alcohol testing. Learn more.

  • What is a No Refusal Weekend in Texas? During a No Refusal Weekend in Texas, police aggressively focus on DWI enforcement and obtain search warrants to force blood draws whenever necessary. Many jurisdictions impose No Refusal Weekend around major holidays or sporting events and make visible public announcements concerning the event.
  • What is a No Refusal Period in Texas? During a No Refusal Period, police actively patrol and purposefully search for intoxicated drivers. Drivers who refuse alcohol testing will have their blood forcibly drawn through a search warrant. Cities employ this policy during major festive events or as general enforcement in response to climbing DWI statistics. Learn more.


Drivers should refuse all DWI tests including breath and blood tests. By the time police request a breath or blood sample, the officer has already decided to arrest and is only seeking further evidence of guilt. The less evidence a driver provides, the better odds for a DWI dismissal. Learn more.

  • What happens if you refuse an alcohol test in Texas? Drivers who refuse alcohol tests in Texas are subject to lengthier driver’s license suspension periods. Police may also seek a search warrant to force a blood draw for alcohol testing. Learn More.
  • What are the steps in the refusal process? Drivers should politely yet firmly ask to leave, ask for an attorney in response to all questions, and advise police they are refusing all tests, including breath and blood tests. Drivers should speak and interact with police as little as possible with the understanding that all activity is being recorded. Learn more.


Breath and Blood test refusals can be key to getting a DUI dismissed in Texas because they deny the prosecution critical evidence. A breath or blood test refusal will certainly guarantee a DUI arrest, but this can later be challenged in court through a Motion to Suppress Evidence. Learn more.

  • What does a refusal mean in court? A refusal means a driver can challenge the admissibility of arrest and forensic alcohol testing in Court. Drivers should refuse ALL tests and understand they will still be arrested. However, arrests in response to refusals are arbitrary and have greater odds for dismissal. Learn more.
  • Is it better to refuse a breathalyzer if you’re drunk in Texas? It is best to refuse all tests if you are intoxicated – this includes breath and blood tests. Refusing denies the prosecution critical evidence, and gives you a better chance of beating the DWI charge. Learn more.


Drivers refusing breath and blood tests preserve their right to later challenge the admissibility of arrest evidence and forensic alcohol test results. Drivers who consent to breath or blood tests often waive many of these objections. Learn more.

  • How long after drinking can you fail a breathalyzer? Alcohol can remain detectable for up to 8 hours or more. Many variables, including age, height, weight, and gender impact how long alcohol stays in the body. The average person eliminates alcohol from their body at a rate of 0.015 per hour.
  • Can one drink fail a breathalyzer? The average drink will not cause the average drinker to fail a breath test. However, alcohol affects everyone differently and alcohol levels are subject to several variables such as physiology, drinking behavior, and any food ingested.One drink of alcohol can result in a breathalyzer failure if on probation. Learn more.


The best way to beat a breath test is to refuse the test as well as all other testing in Texas. A flat refusal severely limits the prosecution evidence, maximizing the chances for suppression and dismissal. Learn more.

  • What happens if you refuse to be breathalyzed in Texas? Drivers refusing breath tests will still be arrested in Texas and subject to lengthier driver’s license suspension. Police may also seek a search warrant to forcibly draw blood for testing. These drivers can later seek suppression of all evidence in court. Learn more.
  • How do you beat a breathalyzer for Alcohol in Texas? Efforts to subvert the breath test machine can lead to police categorizing the test as a refusal and seeking a blood draw. Police may also accuse a person of being too intoxicated to follow “simple” breath test instructions. It is always best to refuse all tests to minimize the prosecution evidence. Learn more.


The average American male who drinks 3 average drinks in an hour will test at approximately 0.05 to 0.06, below the legal alcohol limit. The average American female will test at approximately 0.069 to 0.090, in range of the 0.08 legal limit. These figures differ for every individual and vary with other factors. Learn more.

  • How long does 3 drinks stay in your system for a breathalyzer in Texas? It takes approximately 4 to 6 hours for the average person to eliminate 3 average drinks from their system. This rate is different for every person and affected by several factors such as drinking habits and physiology. Learn more.
  • Can you pass a breathalyzer 24 hours after drinking in Texas? The average American drinker should have no issue with a breath test machine 24 hours after drinking. This can be affected by the amount of drinks and the person’s physiology, among other factors. A person can still test positive for alcohol through other forms of testing such as urinalysis. Learn more.
  • Will 1 beer show up on a breathalyzer? A breath test machine can detect even a single beer that has been recently consumed. People eliminate alcohol from their system over time and the average American will eliminate a single beer in approximately one hour. Learn more.


A breath test can detect any amount of alcohol for as long as the alcohol is present in a person’s system. The average drinker eliminates alcohol at a rate of 0.015 per hour.   

  • What will your BAC be if you drink 3 beers in 1 hour? The average American male who drinks 3 average drinks in an hour will test at approximately 0.05 to 0.06, below the legal alcohol limit. The average American female will test at approximately 0.069 to 0.090, in range of the 0.08 legal limit. These figures differ for everyone and are affected by factors like drinking habits and physiology. Learn more.
  • What blood alcohol level is blackout? The average person begins to experience some level of blackout at about 0.16, twice the legal alcohol limit. However, the effects of alcohol differ and people can experience blackouts at various alcohol levels. Learn more.
  • How many drinks is .08 for a woman in Texas? It takes an average female about 3 drinks to reach the legal limit of 0.08 in Texas. The effects of alcohol differ between individuals and are dependent on several factors such as the type of alcohol, drinking habits, and physiology.


Checkpoints where everyone is stopped indiscriminately are unconstitutional since 1991 in Texas. Texans stopped for DUI should refuse any and all tests to best preserve constitutional challenges for court. Learn more.

  • What is the zero tolerance law in Texas? Zero tolerance is the policy for minors accused of drinking and driving in Texas. Any detectable amount of alcohol will subject a minor in Texas to DUI and severe collateral consequences. Learn more.
  • Can you remove a DUI from your record in Texas? Yes, certain DUIs can be expunged or sealed in Texas. Learn more.
  • How can you beat a DUI in Texas? A driver should be respectful, politely ask if they may leave, ask for an attorney, and refuse all tests. A driver should speak and interact with the police as little as possible as the entire encounter is being recorded. This minimizes the amount of prosecution evidence which a knowledgeable lawyer can later utilize for a dismissal. Learn more.
  • Can you get rid of a DUI in Texas? Yes, DUI cases are regularly resolved without conviction and dismissed in Texas courts. Learn more.
  • Does a DUI ever go away in Texas? No. Criminal charges, including DUI remain on a person’s criminal record forever, even if dismissed. Many closed cases are eligible to be sealed or deleted through the powerful process of expunction or nondisclosure. Learn more.


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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