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.
Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.