In our last post, we made several important points about the consequences of refusing to submit to an alcohol test in the state of Texas. By way of summary, these consequences are that the driver: will have an automatic license suspension; can have the refusal used against him or her in court; and will still be required to submit to a test if the officer obtains a warrant. This is not to say, however, that a DUI suspect should always submit to a request for an alcohol test.
Texas, like other states, has a law on its books which is referred to as the “implied consent” law. Under this law, all motorists are deemed to have already consented to providing law enforcement officers a breath, blood or urine sample for the purpose of determining their level of intoxication during a DWI investigation.