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Implied Consent

How implied consent can impact you after a DWI arrest in Texas

If you are pulled over for DWI in Texas, you likely will be asked to take a breath or blood test to determine your blood alcohol content. You can refuse, but you may still be charged.

When you filled out the paperwork for your driver's license, you agreed to consent to a blood or breath test if a police officer suspects you are intoxicated while driving. This is known as "implied consent."

The implied consent law states that anyone who operates a motor vehicle on Texas roadways has agreed to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

The implied consent statute also applies to operators of watercraft in Texas. With regard to Boating While Intoxicated (BWI) cases, your driver's license may be suspended for refusing to submit to a breath or blood test if you are arrested for an offense involving the operation of a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above.

Keep in mind that Texas courts have decided that you do not have the right to consult with an attorney before making the decision to refuse or provide a requested specimen. And if you are in an accident which resulted in serious life-threatening injury or death, you may be forced to provide a sample of blood.

How an experienced DWI attorney can help

Attorney Joseph LaBella thoroughly understands Texas laws related to DWI, including implied consent. With an experienced criminal defense attorney on your side, you can aggressively fight a DWI charge and improve your chance of getting a better result. Call 1-800-395-5951 for a free consultation today. Talk to Attorney LaBella to learn about your options for the best defense!