This page is designed by Edward W. Garrison, lawyer, attorney at law, to offer an overview of Texas law. Do not rely on it for legal advice.
Every case is different depending on the facts and circumstances surrounding the arrest.
If you have been arrested, we recommend that you consult with a licensed attorney to discuss the specifics of your case. This deemed consent arises only where the person has driven in a public place. Examples of public places are public roads, highways, beaches, parking garages and other places where the public or a substantial part of the public may gain access. Texas law provides that where the implied consent law is applicable, a person arrested for DWI may refuse to take the requested test. The purpose of this admission, from the prosecution's viewpoint, is to imply to the judge or jury, that the refusal was premised on the belief that the driver thought he was too intoxicated to pass the test.