What is Texas implied consent?
Under Texas implied consent law, being arrested by an officer who suspects intoxicated driving means you have already consented to a chemical test of your blood or breath. The officer decides which test. The test must be taken as soon as possible after you were last operating the vehicle.
- Implied consent attaches on arrest, not at the roadside, and the officer chooses blood or breath.
- Refusing means being told your refusal can be used against you in court, and being asked to sign a statement acknowledging the consequences.
- Police generally cannot force the test on you, unless the arrest relates to a crash where someone was seriously injured or killed.
- A prosecutor can argue that you refused because you knew you were intoxicated, so refusal does not automatically help.
- Field sobriety tests before arrest are different. Those you should refuse, because they are built to prove guilt rather than innocence.
Under the state’s “implied consent” law, if you are arrested by an officer who suspects that you have been driving while intoxicated, you automatically consent to taking a chemical test of your blood or breath to determine your BAC. The law states you must undergo the test as soon as possible from when you were last operating a vehicle, and the officer will decide which test you will be taking.
What happens if I refuse the test?
If you refuse to take the BAC test after an arrest, you will be notified that the evidence of your refusal can be used against you in court and you’ll be asked to sign a statement that says you’re aware of the consequences of your refusal. Typically, the authorities cannot force you take the test if you refuse, unless your arrest was in relation to an accident where another individual was seriously injured or killed.
Should I refuse to take a mandatory DWI test?
Refusing to take a mandatory blood or breath test after an arrest doesn’t always help your case – you may be tempted to refuse in an effort to avoid a conviction, but a prosecutor can use your refusal to argue that you refused the test because you knew you were intoxicated. It’s important to note, however, that if the officer has not arrested you and wishes to perform a field sobriety test, you should always refuse. These tests are designed to prove guilt, not innocence. Unless you’re arrested and detained, you have the right to refuse these types of tests.
If you’ve been arrested for a DWI, you should not hesitate to contact our Dallas DWI defense attorney. An arrest is not a conviction and there is still plenty of hope to build the defense you need with Attorney Peter Barrett on your side. We proudly represent clients in Dallas and surrounding areas.
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Common questions
What happens if I refuse a breath or blood test after a DWI arrest?
You will be told that evidence of your refusal can be used against you in court, and asked to sign a statement confirming you understand the consequences.
Can police force me to give a sample?
Generally not if you refuse, with an important exception: where the arrest relates to an accident in which another person was seriously injured or killed.
Should I refuse a field sobriety test?
Those are different from the post arrest chemical test. If you have not been arrested and an officer asks you to perform field sobriety tests, you have the right to refuse, and these tests are designed to prove guilt rather than innocence.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.