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Question: Are there any repercussions for refusing the official state breath test in Texas?

Answer: If a person refuses the breath test, then it potentially increases the penalty or the length of time a person has on a suspension. If it’s a first time DWI, then they’re looking at a 180-day suspension rather than a 90-day suspension.  If it’s a subsequent, it could be up to a two-year suspension if they refuse a breath or blood sample. However, you still have the same challenges to a refusal case; they still have to prove all of the elements, and there’s still a chance that you can fight that and win the drivers license hearing, in which case the person will get their drivers license back and there won’t be any suspension that the person has to deal with.

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