What Does Implied Consent Mean in a DWI Case?

If you are arrested for driving while intoxicated (DWI) in Texas, implied consent means you must submit to a chemical test to determine your blood alcohol content (BAC). You can decline this test under certain circumstances, but you will incur penalties regardless of whether or not you’re ultimately convicted of DWI.

Implied consent is established when you get your driver’s license. Upon accepting this document, you implicitly agree to consent to tests of your blood, breath, and or urine upon your arrest for DWI. There is no way to have a driver’s license in Texas without providing implied consent to submit to chemical testing.

Refusing a chemical test to determine your BAC after your arrest can result in the following penalties:

  • Driver’s license suspension for 180 days after a first refusal
  • Driver’s license suspension for two years for any subsequent refusal within 10 years of a first refusal, DWI conviction, or failed chemical test

Refusal isn’t an option when a suspected DWI results in serious injury or death, or if a driver was previously convicted of DWI twice, DWI involving child endangerment, intoxication assault, or intoxication manslaughter. Under these circumstances, the police can force a person suspected of DWI to submit to chemical testing after their arrest.

Decline Any Testing Before Your Arrest

If you are not under arrest, you don’t have to submit to any kind of testing proposed by law enforcement officers. This includes detainment, which is different from an arrest.

Under these circumstances, you can – and should – refuse breathalyzer tests and field sobriety tests. The latter of which should always be refused as they can establish probable cause for a DWI arrest.

Arrested for DWI? Contact an Attorney for Guidance.

If you are facing DWI charges in Texas, immediately contact an attorney to protect your rights. You don’t have to answer any questions related to the allegations against you, and you have a right to have legal counsel.

Rodriguez & Gimbert, P.L.L.C. can provide the legal support you need during this challenging time. With dedicated legal assistance, we can help you build a defense strategy that can beat your charges or reduce them to a less serious offense.

Learn more about how Rodriguez & Gimbert, P.L.L.C. can help by contacting us online now!