What is the Implied Consent Law in Texas?

/ Driver's Licenses

/ What is the Implied Consent Law in Texas?

5 MIN READ

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.

Video Placeholder

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?

Drivers-Licenses-1

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?

Drivers-Licenses-2

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

Drivers-Licenses-3

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.

Did like a post? Share it with:

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

What is the Twenty-Seventh Amendment to the United States Constitution?

Texas Penal Code 30.06 – Trespass by License Holder with a Concealed Handgun

Texas Penal Code 43.04 – Aggravated Promotion of Prostitution

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

What is an Occupational Driver License in Texas?

An Occupational Driver License (ODL), also referred to as an essential...

What is an ALR Hearing in Texas?

Driving While License Invalid (DWLI) is a criminal offense in Texas....

Can you lose your CDL for DUI in Texas?

Yes, drivers can lose their CDL for DUI in Texas. DUI...

Texas Drivers License

To obtain a Texas driver’s license, an applicant must be a...

Categories

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

Unlock the Perks of Choosing Us!

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.

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.

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

Contact Trey Porter Today

Request a free consultation

Categories

Locations

©2024 Trey porter law

© 2024 Trey Porter | All Rights Reserved