Transportation Code · §724.011
Implied Consent
Any person who operates a motor vehicle in a public place is deemed to have consented to providing one or more specimens of breath or blood for analysis after arrest for an intoxication offense.
The base classification is Implied-consent rule, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Operation of motor vehicle in public place
- Implied consent on arrest for intoxication offense
- Specimens: breath or blood (not urine)
- Refusal triggers ALR (license suspension)
Texas Law — Charge Details
Statutory Consent
Offense
Implied Consent
Statute
Tex. Transp. Code §724.011
Classification
Implied-consent rule
Any person who operates a motor vehicle in a public place is deemed to have consented to providing one or more specimens of breath or blood for analysis after arrest for an intoxication offense.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Refusal | ALR license suspension (180 days first / 2 yrs subsequent) |
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Worked examples
Worked example 1
Texas's implied-consent law (Tex. Transp. Code §724.011) provides that any person who operates a motor vehicle in a public place is deemed to have consented to:
- Any search of the vehicle
- Submission of one or more specimens of breath or blood for analysis to determine alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance, when arrested for an offense involving operation of a motor vehicle while intoxicated Correct
- Random roadside screenings
- Mandatory urine testing
Why: By driving on Texas roads, a person is deemed to have consented to provide breath/blood specimens after an intoxication-offense arrest. Refusal triggers civil license suspension (ALR) but in many cases the State will still seek a search warrant for blood.
Statute: Tex. Transp. Code §724.011
Statutory definitions for this topic
- Implied consent Tex. Transp. Code §724.011
- By operating a motor vehicle in a public place, a person is deemed to have consented to the taking of one or more specimens of breath or blood for analysis after arrest for an intoxication offense. Refusal triggers ALR.