Transportation Code · §724

Implied Consent (Chapter)

Implied Consent (Chapter) is covered under §724 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "DWI Procedure" on practice exams.

To prove this offense, the State must establish each of the following elements: Breath: alcohol only; Drug DWI: blood specimen; Warrant required absent consent.

Elements you must prove

  • Breath: alcohol only
  • Drug DWI: blood specimen
  • Warrant required absent consent

Practice 1 question on this topic

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Worked examples

Worked example 1

SCENARIO. An officer suspects DWI by drugs (no alcohol). After arrest, the officer wants a blood specimen. May breath suffice?

  1. Yes — breath always covers drug DWI
  2. No — breath only measures alcohol; for drug DWI, blood is the appropriate specimen, and a search warrant for blood (absent consent) is best practice Correct
  3. Only urine
  4. Field sobriety alone is sufficient
Why: Breath cannot detect drugs. Blood is required for drug-DWI testing. Officers should ordinarily obtain a search warrant when consent is refused, mindful of post-McNeely / Birchfield case law.
Statute: Tex. Transp. Code §724; 49.01 PC

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.
Mandatory blood draw situations Tex. Transp. Code §724.012(b)
Statutory mandatory-draw scenarios under §724.012(b) — felony DWI (priors), DWI with child passenger, intoxication assault, intoxication manslaughter, or PC of death/SBI. After McNeely / Villarreal, officers generally still need a warrant if consent is refused.
DIC-24 Tex. Transp. Code §724.015
The Texas statutory warning read to a DWI arrestee BEFORE requesting breath/blood specimen, explaining ALR consequences of refusal vs. failure (BAC ≥ legal limit), and the right to a hearing.
Administrative License Revocation (ALR) Tex. Transp. Code ch. 524 (failure); ch. 724 (refusal)
Civil license suspension administered by DPS, separate from any criminal DWI prosecution. Failure (BAC ≥ legal limit): 90-day suspension first / 1-year subsequent. Refusal: 180-day suspension first / 2-year subsequent.