Texas Implied Consent Suspensions in TX DWI Cases

Any person arrested for DWI in Texas is said to have consented to a chemical test of his/her breath or blood to determine the person's blood alcohol content (BAC) or concentration of drugs present in the person's system. A person may refuse to submit to the test, and if he/she does refuse, no test will be given. However, penalties for refusal will apply (see the Texas Administrative Driver's License section for information on penalties for refusal). In order for an officer to request a chemical test, the officer must have reasonable grounds to believe the person operated a motor vehicle while intoxicated in a public place. 

NOTE:  A chemical test will be required regardless of refusal if the DWI arrest involved an accident resulting in serious bodily injury or death.

When a DWI suspect is asked to submit to a chemical test, they MUST be told both orally and in writing about the consequences of their refusal, and that their refusal will be admissible in court against them.

Texas DWI Statutes Related to Driving and Breath or Blood Tests

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 724. IMPLIED CONSENT

SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN

Sec. 724.011.  CONSENT TO TAKING OF SPECIMEN.  (a)  If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.

(b)  A person arrested for an offense described by Subsection (a) may consent to submit to the taking of any other type of specimen to determine the person's alcohol concentration.

Sec. 724.012.  TAKING OF SPECIMEN.

(a)  One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:

(1)  while intoxicated was operating a motor vehicle in a public place, or a watercraft; or

(2)  was in violation of Section 106.041, Alcoholic Beverage Code.

(b)  A peace officer shall require the taking of a specimen of the person's breath or blood if:

(1)  the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft;

(2)  the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense;

(3)  at the time of the arrest the officer reasonably believes that as a direct result of the accident:

(A)  any individual has died or will die; or

(B)  an individual other than the person has suffered serious bodily injury; and

(4)  the person refuses the officer's request to submit to the taking of a specimen voluntarily.

(c)  The peace officer shall designate the type of specimen to be taken.

(d)  In this section, "serious bodily injury" has the meaning assigned by Section 1.07, Penal Code.

Sec. 724.013.  PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION.

Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.


Sec. 724.014.  PERSON INCAPABLE OF REFUSAL.

(a)  A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.

(b)  If the person is dead, a specimen may be taken by:

(1)  the county medical examiner or the examiner's designated agent; or

(2)  a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.

(c)  If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.


Sec. 724.015.  INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN.

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that:

(1)  if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution;

(2)  if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days;

(3)  if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest;

(4)  if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter;

(5)  if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and

(6)  the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing