Because Texas law imposes mandatory penalties simply for refusing a breathalyzer, there is no easy answer to this question. If you consent to a breath test and end up failing it, you automatically lose your license for 90 days. If, on the other hand, you outright refuse it, you are subject to an automatic 180-day suspension. Those with a previous DWI conviction who refuse a breathalyzer risk having their license suspended for up to two years. On the other hand, refusing the test deprives the prosecution of additional evidence that might prove your guilt at trial. Without a toxicology report showing you were over the legal limit, the state must rely solely on the officer’s observations. Whatever you decide, there are pros and cons to either approach.