Texas Implied Consent Law

If you are lawfully arrested for driving while intoxicated (DWI) in Texas, law enforcement officials will ask you to take a blood, breath, or urine test to determine either your blood alcohol content (BAC) or the amount of drugs in your system. Unfortunately, if you refuse to submit to post-arrest chemical testing, you will face additional penalties.

Texas Implied Consent LawAccording to Texas’ “implied consent” law, if a police officer has probable cause to believe you were driving impaired, you automatically consent to submit to chemical testing. The arresting officer determines what type of test you take.

The police can only force drivers to take a breath, blood, or urine test if there is an accident involving serious injury or death, or a driver has a prior conviction of intoxication manslaughter, intoxication assault, DWI with child endangerment, or two prior DWI convictions. If you choose not to take a test, the officer will respect your choice, but you will face consequences.

The following are the penalties for post-arrest testing refusal in Texas: 

  • First refusal – Driver’s license suspension for 180 days

  • Second or subsequent refusal within ten years of a prior DWI conviction, prior refusal, or failed chemical test – Drivers’ license suspension for two years

Remember, the implied consent law does not apply to pre-arrest chemical testing. For example, if an officer asks you to take a voluntary breathalyzer test at the side of the road, you can legally refuse without facing additional penalties – even though you will most likely still be arrested.

Even if you did submit to post-arrest chemical testing, it is possible that the results could be inadmissible if law enforcement officials failed to properly administer the test or calibrate the testing devices. An experienced criminal defense lawyer can investigate your arrest, collect and examine evidence, determine if the police violated your constitutional rights or improperly performed the test, and then file a motion to dismiss the results from the court.

If you or a loved one has recently been arrested in Dallas, Austin, Denton, or Allen, contact Deandra Grant Law today at (214) 225-7117 to let us protect your rights and freedom. 

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