Can You Refuse a Blood Draw in Texas? Your Rights & the Risks
Can You Refuse a Blood Draw in Texas? Your Rights & the Risks in Montgomery County
Saying “no” doesn’t always stop police — but it can create defense advantages.
Your Rights Under Texas Implied Consent Law
Texas Transportation Code §724.011 states that anyone driving in Texas “implies” consent to give a breath or blood sample if lawfully arrested for DWI. However, you can refuse — and many people do.
What Happens If You Refuse?
- Officer may obtain a warrant for a forced blood draw
- Your license may be suspended for 180 days for a first refusal
- The State may argue refusal = “consciousness of guilt”
But refusal also deprives police of potentially flawed chemical evidence.
Forced Blood Draws in Montgomery County
During “No Refusal” periods — often weekends or major events — officers seek warrants quickly using on-call judges. Forced blood draws commonly occur at local hospitals or designated phlebotomy locations.
Defense opportunities:
- Was the warrant supported by real probable cause?
- Did the blood handling meet scientific standards?
- Was chain of custody documented correctly?
Breath vs. Blood: Why Officers Want Blood
Blood tests provide:
- More detailed readings
- Ability to detect drugs
- Strong prosecution arguments if numbers are high
Refusal reduces the amount of evidence available — and that can level the playing field.
Driving Privileges Still Matter
If you refused testing, your license is at immediate risk — you have 15 days to demand an ALR hearing.
If you miss it — DPS suspends your license automatically.
How a Lawyer Uses Refusal to Your Advantage
- Challenge the lawfulness of the stop
- Cross-examine officer assumptions
- Highlight lack of impairment evidence
- Force State to prove intoxication without test results
Sometimes — the best case is the one where the State doesn’t have a number to point to.
FAQ
Q: Can the police force a blood draw even if I refuse?
Yes — if a judge signs a valid warrant.
Q: Will the jury know I refused?
Possibly. Prosecutors can use refusal as evidence — but we explain lawful reasons for saying no.
Q: Should I refuse next time?
There is no one-size-fits-all rule. Always speak with counsel.
You Still Have Options — Protect Them
Call today: (936) 777-4891