Unfortunately, yes. Everyone has the right to refuse to provide a breath or blood test when requested to do so by the police. However, in every state in America, there is an implied consent law. In addition, courts have uniformly upheld the constitutional validity of the implied consent law.
What is the implied consent law? In Texas, according to the Texas Transportation Code, the implied consent law states if a person has been arrested for driving while intoxicated or
boating while intoxicated, the law presumes that the person has consented to a taking of his or her breath or blood specimen. Tex. Trans. Code Ann. § 724.011(a). Thus, the statute, by nature of the language used, creates a presumption of consent by the very nature of the offense for which they are charged.
If you have been charged with DWI or BWI, contact a
Plano DWI lawyer today to begin your aggressive defense against these charges.