Stephen H.: Hello, my name is Stephen Hamilton. I’m a board certified criminal defense lawyer practicing in Lubbock, Texas, and the surrounding areas. And today’s DWI video clip is what is the Texas implied consent law? Anytime you get a driver’s license in the state of Texas or even if you don’t have a driver’s license, if you’re driving on the roads in the state of Texas, under the law you have given consent that if you were stopped and arrested for a DWI, that you would give a sample of either your breath or your blood depending on which one the officer asked for.
Stephen H.: So it’s basically a law that says if you’re stopped, you have already given consent to give a breath test. Now, does that mean you have to give a breath test? No. Can a police officer force you to give a breath test? No. It is just a law that says by operating your vehicle on the streets in Texas, whether you have a Texas driver’s license, an out of state driver’s license, or you don’t have a driver’s license, that you have agreed to give the breath sample. And if you don’t give the breath sample, then there are some consequences to not giving that actual test.
Stephen H.: If you have questions about the Texas implied consent law and how it applies in your DWI, please pick up the phone, call my office right now. My office number is 806-794-0394 and we would be glad to explain anything dealing with the Texas implied consent law. I’m Stephen Hamilton, have a great day.