DWI Implied Consent Lawyer in Montgomery County

How implied consent can impact you after a DWI arrest in Texas

If you are pulled over for DWI in Conroe or anywhere else in Texas, you likely will be asked to take a breath or blood test to determine your blood alcohol content. You can refuse, but you may still be charged. This is why it’s important that you fully understand your legal rights. An experienced DWI defense attorney can explain your options and advise you on what to do next. That way, you will give your legal case the best opportunity for success.

What is implied consent?

When you filled out the paperwork for your driver's license, you agreed to consent to a blood or breath test if a police officer suspects you are intoxicated while driving. This is known as "implied consent."

The implied consent law states that anyone who operates a motor vehicle on Texas roadways has agreed to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

Violation of implied consent

If you refuse to take a breath or blood test when arrested for DWI in Conroe or another community in Texas, you are considered to have violated implied consent. Refusing can result in a license suspension of up to 180 days for the first offense, even if you are later found not guilty of the DWI charge. This is a civil penalty that operates separately from any criminal DWI charges you may face in Montgomery County or elsewhere in Texas.

Implied consent vs. informed consent

Implied consent means that by getting your driver’s license, you automatically agree to a breath or blood test if suspected of DWI. In DWI cases, implied consent is automatic, so you don’t get to consult with an attorney before deciding.

With informed consent, you are made fully aware and are briefed on your rights before agreeing to something (like in a medical procedure). Before agreeing to a procedure, you’re told about the risks and benefits. But when it comes to DWI tests, officers aren’t required to explain things in that much detail. With implied consent, you're expected to comply on the spot.

What happens if you refuse a breath or blood test in Texas?

Refusing a breath or blood test comes with serious consequences. The officer will confiscate your driver’s license and give you a temporary permit good for 40 days. After that, your license will be suspended unless you request a hearing within 15 days to fight it.

If your arrest is not your first, or if it involved a serious accident or death, refusing isn’t an option—officers can force you to provide a blood sample without your consent. That’s how Texas’ DWI laws work.

Implied consent and BWIs

The implied consent statute also applies to operators of watercraft in Texas. With regard to Boating While Intoxicated (BWI) cases, your driver's license may be suspended for refusing to submit to a breath or blood test if you are arrested for an offense involving the operation of a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above.

Keep in mind that Texas courts have decided that you do not have the right to consult with an attorney before making the decision to refuse or provide a requested specimen. And if you are in an accident which resulted in serious life-threatening injury or death, you may be forced to provide a sample of blood.

How an experienced DWI attorney can help

Attorney Webb thoroughly understands Texas laws related to DWI, including implied consent. With an experienced criminal defense attorney on your side, you can aggressively fight a DWI charge and improve your chance of getting a better result. Call 1-800-395-5951 for a free consultation today. Talk to Amanda Webb – Conroe DWI Lawyer to learn about your options for the best defense!