Can I Refuse a Sobriety Test in Tarrant County?

By Jeff Kennedy

Can I Refuse a Sobriety Test in Tarrant County?

If you enjoy an adult beverage now and then, you may be wondering whether you canrefuse a sobriety test in Tarrant County. Texas law is very strict ondrinking and driving, so while you absolutely can refuse to submit to a sobriety test, there are consequences for your refusal.

What Are the Consequences For Not Taking A Sobriety Test in Tarrant County?

If you refuse to submit to a sobriety test, the arresting officer mustnotify you that your refusal could be used against you in court. The consequences of refusal are automatic suspension of your drivers license for 180 days and the fact that your refusal can be used against you. An officer may be able to apply for a warrant to obtain a sample.

You have fifteen days following a Tarrant County DWI sobriety test refusal to petition the court for a hearing to challenge your license suspension. If your suspension is upheld during the hearing, you may still to be able to drive if you have an essential reason to do so. You’ll have to petition the Tarrant County court for an occupational drivers license.

Can My License Get Suspended For Refusing A Sobriety Test?

After your refusal, there will be a hearing on whether the Texas Department of Public Safety will uphold your license suspension. For your license suspension to be upheld, the judge must find that these four major elements have been proven by the evidence:

  • The officer had reasonable suspicion or probable cause to conduct a traffic stop.
  • The officer had cause to believe you were intoxicated and operating a motor vehicle.
  • The officer arrested you and asked you to submit to a sobriety test.
  • You refused to submit to the test.

If any of these elements have not been proven, your license suspension will not be upheld.

Get in Touch with a Tarrant County DWI Attorney

If you refused to submit to a sobriety test, there are defenses against DWI conviction and ways to get a temporary drivers license.

Speak with a Tarrant County DWI lawyer from theLaw Offices of Jeff C. Kennedy as soon as possible. We can discuss your case during a free initial consultation, so call us at 817-605-1010 or complete our website contact form below.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
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Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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