What is Implied Consent?

After getting arrested for a DWI in Texas, an officer will ask you to take a chemical test (e.g. breath test, blood test, etc.) to calculate your blood alcohol content (BAC). Although, technically, you do not have to agree to take a chemical test, refusal can lead to harsh penalties, according to the state’s implied consent laws. 

The implied consent law means if a person is arrested for driving under the influence, then he/she automatically consents to submit to a post-arrest chemical test. In other words, if you drive in Texas and arrested for DWI, you agree to take a breath or blood test. 

The following are the penalties for refusing to take a post-arrest chemical test in Texas: 

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

  • Second refusal (within 10 years of a DWI arrest) – Up to two (2) years of driver’s license suspension 

During a DWI investigation, an officer may ask you to take a preliminary breath test with a breathalyzer. Remember, the implied consent laws do not apply to these types of tests – only after a person has been arrested. Yet, the police may ask you to take such a test to establish probable cause and subsequently make an arrest. 

When an officer asks you to take a post-arrest chemical test, you are prohibited from speaking to a lawyer before performing the test. Additionally, your refusal can be used against you in court by the prosecution to show you were attempting to hide your intoxication. 

Whether you refused to take a test or not, Rodriguez & Gimbert, P.L.L.C. is committed to protecting your rights and freedom. Contact us today at (979) 559-3599 to get more than 45 years of combined experience on your side.