The Implied Consent Law in Texas

Anyone in the state of Texas that has been granted a driver’s license agrees through the concept of “implied consent" to be tested for blood-alcohol content and other drugs if stopped for suspicion of drug use while driving. The Austin, TX police department has the authority to pull a driver over if they are driving erratically, or deemed to be unsafe on the road, and test for driving under the influence.

If you have been charged with a DWI your freedom and your future may be in jeopardy. Do not take chances -- you need the Austin, Texas DWI defense attorneys at Minton, Burton, Bassett, & Collins, P.C. We know the state's DUI and DWI laws and have a reputation as one of the preeminent law firms in Texas. Call us today at (512) 476-4873 or contact us online for help with your DWI or DUI case in Travis, Williamson, Hays, Bastrop, Caldwell, Burnet and Comal counties.

Although the law assumes individuals will consent to a breath or blood test, drivers do have the right to refuse to have a chemical test of their blood, breath or urine to determine blood alcohol content (BAC) or the presence of drugs. If you refuse a test, your driver’s license will be taken by the officer at the time of your stop, and you will be issued a temporary driver’s license until a court hearing. Note that this law also applies to boat operators – and boaters may have their driver's license suspended for refusing to provide a specimen for a blood or breath test if the boat engine has at least 50 horsepower.

Implied Consent Refusal and Your License

Below are the sections to the Texas Transportation Code pertinent to refusing to take a BAC test. If you refuse to take a test the officer will immediately take your driver’s license and issue a temporary license. You will then have an option to schedule and attend a hearing to get your license back, within 15 days of the alcohol offense, or have it suspended according to the ruling. Refusing to take a test could result in a 180 day suspension for a first offense, and 2 years for a subsequent offense.

Section 724.031. Statement Requested on Refusal: If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that:

  1. The officer requested that the person submit to the taking of a specimen;
  2. the person was informed of the consequences of not submitting to the taking of a specimen; and
  3. the person refused to submit to the taking of a specimen.

Section 724.032. Officer’s Duties for License Suspension; Written Refusal Report: (a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:

  1. Serve notice of license suspension or denial on the person;
  2. take possession of any license issued by this state and held by the person arrested;
  3. issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state.

Section 724.041. Hearing on Suspension or Denial:

  1. If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or is considered to have received notice under Section 724.033, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, the State Office of Administrative Hearings shall hold a hearing.
  2. A hearing shall be held not earlier than the 11th day after the date the person is notified, unless the parties agree to waive this requirement, but before the effective date of the notice of suspension or denial.
  3. A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge. If the person's license was taken by a peace officer under Section 724.032(a), the department shall notify the person of the effect of the request on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's license is not suspended.

Contact an Experienced DWI Attorney Today

Getting charged with DWI or other alcohol-related offenses is serious and it could jeopardize your freedom, your family and your future. You need the Austin, TX DWI defense attorneys at Minton, Burton, Bassett, & Collins, P.C. Contact one of our attorneys as soon as possible after you have been charged to ensure that you have the best defense. We can be reached in Austin, TX, by phone at (512) 476-4873 or by filling out this online form.

We have 45 years of experience representing clients in Austin, TX and the surrounding communities, including: Travis County (Creedmoor, Elroy, Manor, Pflugerville); Williamson County (Cedar Park, Georgetown, Liberty Hill, Florence, Leander, Round Rock, Taylor); Hays County (Buda, Dripping Springs, Kyle, San Marcos, Wimberley); Bastrop County (Bastrop, Clearview, Elgin, Rockne, Smithville); Caldwell County (Lockhart, Luling); Burnet County (Bertram, Burnet, Marble Falls); and Comal County (Bulverde, Canyon Lake, Gruene, New Braunfels, Sattler, Startzville).

Law Awards

Awards given to our attorneys for excellence.

Michael Burnett -

  • Recognized in 2008 and 2005 as a "Rising Super Lawyer" by Texas Monthly.
  • A.V. Rated by Martindale-Hubbell

Jeffrey David Miller -

  • Recognized in 2008 as a "Rising Star Super Lawyer" by Texas Monthly Magazine.
  • Elected in 2008 as a Fellow of the Texas Bar Association.