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Question: What does implied consent mean in Texas?

Answer: In Texas, the implied consent law says that if you are arrested by an officer who has probable cause to believe that you have been driving while intoxicated then you consent to having your blood, breath or urine tested. And the purpose of that is to determine whether you have a blood alcohol content of 0.08% or higher. Some folks don’t realize that the officer gets to choose which test you take, and they can even require you to take more than one. The really only realistic repercussion for not giving a blood, breath or urine sample deals with the drivers license suspension; it doesn’t increase the penalty. There are a few exceptions to that rule, but basically for most folks, refusing those tests does not increase the penalties on the criminal side of a case.

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