What is the Implied Consent Law in Texas?
The implied consent law in Texas is a law stating that individuals arrested for DWI related crimes have automatically consented to giving a blood or breath test. The law states that because such persons are deemed to have already consented, any subsequent withdrawal of consent results in driver’s license suspension. Learn more.
- What does the implied consent law require you to do in Texas? The implied consent law requires Texas drivers to physically provide a sample of their breath or blood. Refusal results in an automatic driver’s license suspension.
- What is implied consent in simple terms? Implied means suggested without being stated. When a person gets a driver’s license in Texas, it is implied they are consenting to always give a breath or blood sample if requested. The agreement happens by operation of the law.
- What is implied consent and when might it apply in Texas? Implied consent is an affirmative consent to submit a breath or blood sample. Implied consent applies anytime a motorist is arrested for a DWI related offense. Learn more.
WHO DOES THE IMPLIED CONSENT LAW APPLY TO IN TEXAS?
The Texas implied consent law applies to any person arrested for DUI, DWI, or any DWI related crimes like intoxication assault. The Texas implied consent law requires motorists to submit a breath or blood specimen or lose their driving privileges. Learn more.
- What does the implied consent law state in Texas?The implied consent law is found in Chapter 724 of the Texas Transportation Code and states anyone arrested for DWI related offenses are deemed to have already consented to a breath or blood test:Sec. 724.011. CONSENT TO TAKING OF SPECIMEN. (a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person’s breath or blood for analysis to determine the alcohol concentration or the presence in the person’s body of a controlled substance, drug, dangerous drug, or other substance. Learn more.
- When was the Texas implied consent law passed? The Texas implied consent law was first enacted in September of 1995 during the 74th Texas Legislative Session.
- What are the elements of implied consent in Texas? Reasonable suspicion and probable cause are the two main elements of DWI or DUI arrest. An officer has to have probable cause to believe an individual committed a DWI related offense in order to request a specimen of their breath or blood. Drivers can challenge the legality of the arrest and traffic stop through an ALR hearing in Texas. Learn more.
- Is implied consent legally binding in Texas? Yes, implied consent is legally binding in Texas. Officers can rely on it to take specimens from unconscious individuals as they are deemed to have legally consented to such. Similarly, motorists who refuse to provide a specimen will face license suspension.
CAN I REFUSE A BREATHALYZER TEST IN TEXAS?
Yes, you have a right to refuse a breathalyzer in Texas. Because of the implied consent law, however, any refusal will result in the Department of Public Safety initiating a driver’s license suspension. A refusal may also result in the issuance of a search warrant to forcibly draw blood for testing. Learn more.
- What is the no refusal law in Texas? No refusal is a policy adopted in many Texas jurisdictions where the police will apply for a search warrant to forcibly take a blood sample from motorists refusing to voluntarily submit to a breath or blood test. Learn more.
- Do you lose your license immediately after a DUI in Texas? No, Texas motorists have 15 days after an arrest to request a hearing to contest the driver’s license suspension. Learn more.
CAN YOU REFUSE TO GIVE A BLOOD SAMPLE TO POLICE IN TEXAS?
Yes, you can deny a blood sample in Texas. A refusal will result in DPS initiating driver’s license suspension proceedings and the police may seek a search warrant to forcibly take a blood sample for testing. A person refusing a blood test can challenge the legality of the arrest and the search warrant at a later date. Learn more.
- What is the mandatory blood draw statute in Texas? The mandatory blood draw statute is a portion of the implied consent law requiring a blood draw when a person is arrested for DWI causing serious bodily injury or death. Learn more.
- Do you need a warrant to draw blood in Texas? Yes, police must obtain a search warrant in order to take a person’s blood in Texas. An exception to this requirement is if the individual affirmatively consents to the blood draw. A refusal, importantly, preserves an individual’s right to contest the grounds for the blood draw search warrant at a later hearing. Learn more.
IS IMPLIED CONSENT UNCONSTITUTIONAL IN TEXAS?
The implied consent law is not unconstitutional in Texas. However, police must always obtain a search warrant to draw blood in the event of a refusal. Failure to obtain a search warrant is an unconstitutional search that can be suppressed. Learn more.
- What is the difference between consent and implied consent? Consent is actual, affirmative, voluntary consent, while implied consent is consent that is deemed by operation of law. This distinction is important because consent to a breath or blood test is invalid if borne from police coercion.
- Under what conditions is a person’s consent not valid in Texas? A person’s consent is invalid if the person is subject to coercion or if the consent is otherwise not freely given. Invalid consent can lead to suppression of a breath or blood test in Texas. Learn more.
WHAT DOES THE IMPLIED CONSENT LAW MEAN FOR A MINOR IN TEXAS?
The Texas implied consent law means a minor is subject to a breath or blood test if the police notice any detectable amount of alcohol while the minor is driving. Minors are subject to unique driver’s license suspension rules in Texas. Learn more.
- What is refusal under implied consent law in Texas? A refusal under implied consent is a refusal to take a blood or breath test and will subject the individual to a possible driver’s license suspension. The police may apply for a warrant to forcibly take the blood of a person who refuses a voluntary breath or blood test.
- What are grounds for refusing a breath or blood test? There are no required elements for refusing a breath or blood test in Texas. A person can refuse for any reason or no reason at all. It is often recommended to refuse all tests to preserve an individual’s right to contest the legality of the arrest and forensic results at a later motion to suppress. Learn more.
TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter is recognized as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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