Can you refuse a sobriety test in Texas?

I’ve heard some lawyers suggest that drivers refuse to take sobriety tests to avoid incriminating themselves. Is that legal in Texas?

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Answer provided by
Ethan Daniel Moser
Answered on Jun 16, 2022
Technically, yes. You can legally refuse a field sobriety test or breathalyzer test in Texas. That said, officers can still arrest you on reasonable suspicion if they believe that you have been driving under the influence of drugs or alcohol.
In addition to a field sobriety test, you are not legally required to complete any of the following DUI testing methods in Texas:
  • Breath test—more commonly known as a breathalyzer, this uses infrared light to measure blood alcohol content (BAC)
  • Urine test—used to check for drug use, such as marijuana
  • Blood test—measures BAC using a blood sample collected from the suspected driver
While you don’t legally have to complete a sobriety test in Texas, it’s important to remember that driving under the influence is dangerous and a conviction can make it difficult to find affordable car insurance. No matter your driving record, use the licensed insurance broker and super app Jerry to easily secure the best rate available to you. It only takes a minute to sign up and the average user saves more than $800 per year on their premium.

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