Here’s a couple of relevant statutes. They don’t allow for anyone to escape the system for refusing a test, unless the cop blows the probable cause and/or the paperwork.
§ 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
REQUESTING SPECIMEN. Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that:
(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution;
(2) if the person refuses to submit to the taking of the specimen, the person’s license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days;
§ 724.042. ISSUES AT HEARING. The issues at a hearing
under this subchapter are whether:
(1) reasonable suspicion or probable cause existed to stop or arrest the person;
(2) probable cause existed to believe that the person was:
(A) operating a motor vehicle in a public place
while intoxicated; or
(B) operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated;
(3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and
(4) the person refused to submit to the taking of a
specimen on request of the officer.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 444, § 12, eff. Sept. 1, 2001.
those cites indicate a refusal has a specific consequence, not a refusal allows for a forced insertion of a needle in the body.
refusal equals administrative suspension.
however “a specimin” language leaves void for vaugness issues.
As with far too many other things, like shooting people. Murder is against the law, enforce THAT law and you don't have to ban guns or add "hate" crimes to the long and never ending list of new ones.