Law Offices of Tim Powers: Implied Consent to DWI (Driving While Intoxicated) Testing

For almost two decades, the Law Offices of Tim Powers has offered comprehensive criminal and DWI defense representation through the firm’s Denton, Texas, office. To date, the firm has helped thousands of DWI defendants and built an unparalleled record of success in challenging these charges.

In Texas, any time a police officer lawfully arrests an individual whom he or she believes has been operating a motor vehicle under the influence of alcohol, that individual must submit to a breath or blood test. This requirement falls under what is known as Texas’ “implied consent” law, which states that anyone arrested in such a manner automatically consents to testing. If the individual refuses, he or she is subject to a license suspension for 180 days.

There are, however, stipulations to this process. The officer must explain the consequences both verbally and in writing. The officer must also explain that if the individual takes the test and is found to have blood alcohol content (BAC) above the legal limit, the person will receive a minimum 90-day suspension. Only after explaining these consequences can the officer formally ask the person to submit to testing.

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