Se Habla Español
Stay Informed & Familiar with Our Firm Criminal Defense, Immigration & Disability News

If I Do Consent To Submission Of A Test, Must It Be A Voluntary Consent?

As we have previously stated, the law implies a consent to the taking of a breath or blood test if you have been arrested for driving while intoxicated or boating while intoxicated. However, a person does have a right to refuse to consent to giving a breath or blood test.

The law prevents police from using any physical or psychological pressure to obtain a blood or breath specimen. The consent to submission of a breath/blood test must be voluntary. Thus, the decision to submit to a test or refuse a test is solely the suspect's decision.

Another key area of interest is what happens if a suspect gives consent as a result of a police officer's misstatement of the consequences of a refusal. Courts have held that this might render a suspect's consent involuntary depending on the circumstances of the case.

If you have been arrested for DWI, contact a Plano DWI lawyer today.