Our law deems that all persons who drive with Texas licenses have already conditionally agreed, AFTER their DWI arrest, to take either a breath or blood test upon being lawfully arrested, and provided orally and in writing a statutory warning requesting a breath or blood specimen by a police officer.
This deemed consent arises only when you have driven in a public place.
Examples of public places are public roads, highways, beaches, parking garages, and other places where the public or a substantial part of the public may gain access.
There is no such deemed consent, or “implied consent” as it is sometimes called, for a urine test.
However, you may withdraw your consent and refuse a breath or blood test sample upon request unless a judge or magistrate signs a search warrant or unless you are unconscious and unable to withdraw consent.
The decision to withdraw consent has consequences in the form of license suspension.
