Texas’ Implied Consent Laws 

By Jeff Kennedy

Driving is a privilege and not a right. This is an important distinction for all people to understand because privileges can be taken away. When you begin driving and obtain your driver’s license, you agree to follow Texas laws related to driving safely. It’s in the community’s interests for you to drive safely, which is why there are so many laws pertaining to driving.

One of the many laws that relate to operating a motor vehicle in Texas is known as the implied consent law. When a police officer pulls you over on suspicion of driving while intoxicated (DWI), the implied consent law asserts that you have already given your consent to be tested for drugs or alcohol in your system.

You gave consent when you received your license and agreed to drive safely in accordance with Texas laws. Because of the law of implied consent, you are supposed to provide a sample, blood or breath, when requested by law enforcement officers.

Can You Refuse to Provide a Specimen?

You do still have the right to refuse to provide a specimen to be tested by law enforcement. However, because of the law of implied consent, your refusal will result in consequences. Your license will be automatically suspended based on your refusal to provide a specimen to law enforcement.

You can attend a hearing to have your license reinstated, but if you don’t have a good reason for refusing to provide a sample, the suspension will likely stand. The length of the suspension will depend on how many times you’ve refused to provide a sample after being pulled over on suspicion of DWI.

Can You Still Get a DWI if You Don’t Provide a Sample?

It’s important to note that refusing to provide a sample does not get you out of the woods regarding charges of DWI. A police officer can still provide other evidence against you that could result in your conviction. They could provide testimony, video evidence, statements from witnesses, field sobriety tests, evidence of your refusal, or other types of evidence.

You can still be charged and convicted of a DWI even if you refused to provide a sample.

What Can a DWI Lawyer Do?

You are facing life difficulties if you’ve been charged with a DWI or if you refused to provide a sample. A lawyer can help you with efforts to reinstate a license after refusal if you have good reason for refusing law enforcement’s requests for a sample.

Your lawyer can also help you deal with DWI charges. They can help you fight DWI charges, possibly getting your charges dismissed or reduced.

Get in Touch with a Fort Worth DWI Attorney

There are many circumstances in which a person can be charged with a DWI but doesn’t deserve a conviction. Maybe you refused to provide a sample for a good reason. Now you need help from a Fort Worth lawyer to straighten out your life. Call The Law Offices of Jeff C. Kennedy at 817-605-1010 or complete the website submission form below to reach our firm.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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