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What Must The Police Do To Take A Specimen Under The Implied Consent Statute?

In order for a police officer to take a specimen, the Texas Transportation Code regulates the manner in which the police act. First, the officer must specify the specimen to be taken--either a breath specimen or blood specimen.

Also, the police officer must inform the suspect verbally and in writing of certain information. First, the information must include that the refusal to submit to the taking of the specimen may be admissible in the prosecution of you for this offense. It is important that you realize that there is no doubt that the State will admit your refusal at your trial. They will use the refusal as evidence of your guilt for the charged offense.

Secondly, the police must warn you that the refusal to submit to a breath test/blood test will result in an automatic suspension of the person's license to operate a motor vehicle.

Thirdly, the term specimen means a usable specimen which means that the police can take more than one specimen per consent.

If you have been charged with DWI, contact a Plano DWI lawyer today.