In Texas, when you are suspected of DWI, an officer has the "option" of asking you to submit to a breath or blood test. Texas allows you to refuse to take these tests, or any other test the officer may ask of him or her. But if the officer has a reasonable suspicion that you are over the legal limit, you will probably be arrested and taken to jail.
If you submit to breath testing, your breath will be tested using the Intoxilyzer 5000. The machine measures two samples of your breath about two minutes apart. Breath testing is commonly used by police because of its convenience. There are debates among scientists regarding the accuracy of breath tests, and we believe that breath testing is horrendously unreliable. Unlike blood and urine tests, you cannot retest breath samples for accuracy.
Furthermore, many factors can cause an inaccurate reading, such as having recently pumped gasoline, burped, having diabetes, etc.
What are the penalties for refusing a breath test?
1) a suspension of driving privileges for 90 days if it's your first arrest for DWI
2) a 180 day suspension for a subsequent arrest if, in the first arrest you refused to submit to testing or had an alcohol concentration of .08 or greater
3) a one year license suspension if you have a prior conviction for DWI
4) admission into evidence that you refused to take the breath test in the subsequent DWI criminal trial.