Transportation Code · §724
Implied Consent (Chapter)
Implied Consent (Chapter) (§724): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Breath: alcohol only
- Drug DWI: blood specimen
- Warrant required absent consent
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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?
- Yes — breath always covers drug DWI
- 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
- Only urine
- 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. Specimen failure (adult): 90 days, or 1 year if the driving record shows an alcohol- or drug-related enforcement contact in the preceding 10 years (§524.022(a)). Refusal: 180 days, or 2 years with such a contact in the preceding 10 years (§724.035).