Am I required to take a breath, blood, or urine test when requested by a police officer?

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.


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