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Texas insurance glossary

Implied consent

Implied consent is the Texas rule that driving on a public road counts as agreeing to give a breath or blood specimen when lawfully arrested for an offence involving intoxication.

Sources checked

The consent is to the test, and it is given by driving rather than by saying anything. Refusing is possible; it is the consequence of refusing that the rule is about.

A refusal produces its own administrative suspension under the ALR process, and it is generally longer than the suspension for failing the test. That is deliberate, and it is why refusal is not the free option it is sometimes taken for.

Everything here is separate from the criminal DWI case, which has its own outcomes and its own timetable.

Sources: Texas Transportation Code ch. 724 — Implied Consent; Texas DPS — Administrative License Revocation (ALR) program. Verified .

A definition, not legal advice and not a quote. Rules and figures change; confirm your own situation against the source named above, or with us, before you act on it. Last checked .

See also

  • Administrative License Revocation Administrative License Revocation is the civil DPS process that suspends a driver's license after a DWI arrest, run separately from the criminal case and on its own timetable.
  • DWI DWI is driving while intoxicated: the Texas offense of operating a motor vehicle in a public place while intoxicated, under Penal Code § 49.04.
  • DUI In Texas, DUI is a separate offense for a driver under 21: operating a motor vehicle in a public place with any detectable amount of alcohol in the system.
  • Suspended license A suspended license is a driving privilege the state has withdrawn for a stated period, which returns once the cause is cleared and the requirements are met.

Where this is handled

A definition does not file anything. When the suspension date is closer than the research, one independent agency on FM 1959 can transmit the SR-22 to the DPS and tell you what the state wants before you pay anyone anything.

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