With periods of “No Refusal” for Blood Alcohol Content (BAC) testing being expanded across Texas, it is useful to know your rights when it comes to breath tests, blood tests, urine tests, and other sobriety tests. In particular, you must consider “implied consent” and how it can affect you if pulled over for driving while intoxicated (DWI) in Texas.
What Is Implied Consent?
While it might seem otherwise, driving throughout the United States is considered a privilege and not a right. This is why when you first get a driver’s license you are required to take tests. In taking and passing those tests and agreeing to the terms of your licensure, you are essentially waiving your rights to be reckless on the road. Most roads are public roads anyway, governed by the rules set forth by your local jurisdiction. To break those rules is to put other people’s safety at risk, which is against the law. By getting that driver’s license, you are giving your “implied consent” to have your blood or your breath tested for alcohol content, which can impair your driving abilities.
Even with Implied Consent, Can You Still Refuse a Blood or Breath Test?
You can refuse to have a chemical test conducted to determine the blood alcohol content in your body if stopped for DWI in Texas, but doing so often carries with it relatively stiff administrative penalties, including:...