Texas Implied Consent Law

Implied consent means that you do not expressly consent to a particular treatment, but the facts and circumstances surrounding your actions, inaction, or silence allow law enforcement officials to take certain steps. In many cases, implied consent is utilized in drunk driving cases, where police subject suspected drunk drivers to sobriety tests.

In Texas, you do not have to give your express consent to have a field sobriety test or Breathalyzer test. This is because the law essentially regards it as more important to protect people on the road rather than protect your right against self-incrimination. However, you should still be treated with respect since you are innocent until proven guilty. If you have been charged with drunk driving, you should contact a Dallas criminal defense lawyer from the Law Offices of Mark T. Lassiter today at (214) 845-7007 for the legal help you need during this difficult time.

Understanding Implied Consent

Under the doctrine of implied consent, your actions can be taken as your words. Thus, if you decide to drink or do drugs and then get in a car to begin driving, simply turning on the ignition can be taken as your consent to submit blood and breath samples to law enforcement officials.

What if You Refuse?

If you refuse to submit a sample for blood alcohol content (BAC) testing, you can be considered guilty of violating the Texas implied consent law, which is section 724.011. Of course, officers cannot forcibly extract a sample unless you have caused a serious accident or death, but you can still face repercussions for refusing to give a sample. These include:

  • DWI/DUI charges
  • 180 day license suspension
  • 2 year license suspension if you have previous DWI convictions

A DWI or DUI charge can derail everything you have worked so hard to build. If you have been charged, you should talk to an experienced defense lawyer about your legal options.

Contact Us

At the Law Offices of Mark T. Lassiter, we believe that all individuals are innocent until proven guilty. Our experienced legal team is ready to help you fight your DWI charges. To discuss your case with a determined Dallas DWI/DUI attorney, contact the Law Offices of Mark T. Lassiter at (214) 845-7007 today.


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