Texas DWI Implied Consent Law

In Texas, under the Consent Law, which a driver agrees to when they obtain their drivers license, they have agreed to provide a breath or blood sample if requested by a Police Officer. The District Attorney’s Office “No Refusal” Policy means that in all cases in which a person is arrested for a driving while intoxicated offense, he or she will provide whichever specimen, either breath or blood, that the officer requests; or a specimen of blood will be obtained pursuant to the law, including the use of a search warrant.

Three Primary Goals

  1. Reduce the number of alcohol and drug related collisions that result in death and serious bodily injury
  2. Deter individuals from driving while intoxicated
  3. Increase conviction rates for those who choose to drive intoxicated

Daytime Car Wreck caused by a drunk driver Nighttime Car Wreck caused by a drunk driver

Timeline

The 2013 No Refusal Grant year began on October 1, 2012. The 2013 year end DWI arrests total:

  • 5,637 DWI 1st offense (which includes: DWI 1st, DWI open container, and DWI blood alcohol content .15 and greater)
  • 1,105 DWI 2nd offense
  • 703 DWI 3rd offense, or more
  • 152 DWI with child passenger (younger than 15)
  • 37 Intoxication assaults
  • 15 Intoxication manslaughters
  • 7,649 Total DWI arrests, with blood draws in 3,364 of those cases

The 2014 No Refusal Grant year began on October 1, 2013. To date (as of 7/31/2014), the DWI arrests total:

  • 4,578 DWI 1st offense(which includes: DWI 1st, DWI open container, and DWI blood alcohol content .15 and greater)
  • 869 DWI 2nd offense
  • 567 DWI 3rd offense, or more
  • 118 DWI with child passenger (younger than 15)
  • 25 Intoxication assaults
  • 10 Intoxication manslaughters
  • 6,167 Total DWI arrests, with blood draws in 2,938 of those cases