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The Texas Implied Consent Law
Texas is among many states with an implied consent law, under which a person who accepts a Texas driver’s license agrees to suspension of his driver’s license if he refuses to consent to a blood or breathalyzer test for DWI.
Under the U.S. Constitution and state constitutions, you do have the right to refuse to provide evidence against yourself by testing, but your driver’s license may be immediately confiscated and you’ll face a 180 day suspension.
You may be issued a temporary license, pending a suspension hearing. In addition, your act of refusal can be used as evidence of guilt in a DWI prosecution.
Courts have ruled implied consent laws constitutional.
For more information, see the Texas Driver License Handbook.
