Texas Implied Consent


In Texas, there are many laws that try to prevent one from drinking and driving. With one DWI charge, many drivers don’t realize that they will be facing two separate cases. One is the obvious criminal case, but the other is a civil proceeding. The second case is known as the administrative license revocation (ALR). This is initiated by a person either failing a chemical test by going over Texas’ legal limit of .08% blood alcohol concentration level, or by refusing to take the test.

Refusing to take the test is where the Texas Implied Consent Law comes into play. This law basically states that any driver who operates a motor vehicle on Texas roadways has impliedly agreed that he or she will provide a breath or blood sample, if properly requested by a police officer if ever arrested for a DWI. By having a driver’s license in Texas, you have already agreed to the Implied Consent Law. This same law also applies to boaters or those who operate a watercraft in Texas. This means that your driver’s license can be suspended not for failing a blood or breath test, but for refusing such testing.

Texas courts have also determined that a driver does NOT have the right to speak with an attorney before deciding whether he or she will submit to a chemical test. However, if you are involved in an accident with life threatening injuries or a fatality, you can be forced to take a chemical test if arrested for a DWI.

Your Driver’s License

Texas police are now required to take away your license upon being arrested for a DWI. They will issue you a temporary driving permit that expires on the 41st day after the date of issuance. You, or your attorney, must make a timely request, for an ALR hearing with the Department of Public Safety if you’d like to possibly save your license.

Hiring a DWI Lawyer

Texas’ Implied Consent Law is just one of the many reasons you should hire an experienced DWI attorney. This law aims at taking away your driving privileges, but defense attorney Ken Gibson can help you fight for your right to drive.

Contact Ken Gibson today for a FREE case evaluation.
DWI Case Evaluation in TX