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DUI Lawyer Texas TX

June 24, 2008 by author · Leave a Comment
Filed under: DUI Lawyer in Texas 

Reader’s Question:

My son was arrested for DUI in Dallas, Texas. I despise what happened to him because he was not given the chance to consult a lawyer as to whether he would submit to the tests the police wanted him to do. Is this even legal? I need some clarifications.

Nikki

Dallas , TX

Excellent question you got there, Nikki.

You may not like what answer I have for you. Yes, that is legal. The State of Texas is one of the states which have an “implied consent” law. This law states that a person who has applied for and has been granted a license to operate a motor vehicle on a public roadway has impliedly consented to providing a specimen of blood or breath if arrested for DUI/DWI and provided with the applicable consequences of refusal to submit to testing. That is under Texas Transportation Code Chapter 724. Moreover, an individual does not have the right to consult with a lawyer before making the decision to refuse or provide a requested specimen as held by Texas appellate courts. A citizen can be compelled to provide the requested sample if there was an accident which produced serious life-threatening injury or possibility of death.

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