Implied Consent
Any person who operates a motor vehicle in a public place is deemed to have consented to providing one or more specimens of breath or blood for analysis after arrest for an intoxication offense.
To prove this offense, the State must establish each of the following elements: Operation of motor vehicle in public place; Implied consent on arrest for intoxication offense; Specimens: breath or blood (not urine); Refusal triggers ALR (license suspension).
The base classification is Implied-consent rule, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Operation of motor vehicle in public place
- Implied consent on arrest for intoxication offense
- Specimens: breath or blood (not urine)
- Refusal triggers ALR (license suspension)
Any person who operates a motor vehicle in a public place is deemed to have consented to providing one or more specimens of breath or blood for analysis after arrest for an intoxication offense.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Refusal | ALR license suspension (180 days first / 2 yrs subsequent) | §724.035 |
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Worked examples
Texas's implied-consent law (Tex. Transp. Code §724.011) provides that any person who operates a motor vehicle in a public place is deemed to have consented to:
- Any search of the vehicle
- Submission of one or more specimens of breath or blood for analysis to determine alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance, when arrested for an offense involving operation of a motor vehicle while intoxicated Correct
- Random roadside screenings
- Mandatory urine testing
Statutory definitions for this topic
- Implied consent Tex. Transp. Code §724.011
- By operating a motor vehicle in a public place, a person is deemed to have consented to the taking of one or more specimens of breath or blood for analysis after arrest for an intoxication offense. Refusal triggers ALR.