DWI breath and blood tests in Texas

What is implied consent in Texas?

Transportation Code 724.011 says that a person arrested for an offense arising from operating a motor vehicle in a public place while intoxicated is deemed to have consented to give one or more specimens of breath or blood. "Deemed consent" does not remove the choice to say no. Except in the situations in 724.012, a specimen may not be taken if the person refuses (724.013).

What must the officer tell me before asking for a test?

Under 724.015, before requesting a specimen the officer must tell you, orally and in writing, that:

• a refusal may be admissible in a later prosecution;
• a refusal means an automatic license suspension of at least 180 days, whether or not you are prosecuted;
• the officer may apply for a warrant to take a specimen if you refuse;
• if you are 21 or older and the test shows 0.08 or more, your license will be suspended for at least 90 days;
• you can request an ALR hearing if DPS receives the request no later than the 15th day after you receive the notice of suspension.

In Texas this warning is usually given on a DPS form often called the DIC-24. Whether the warning was given correctly can matter in both the license case and the criminal case.

Can police take my blood without my consent?

Only in limited cases. Section 724.012(e) says an officer may not require a specimen unless the officer obtains a warrant or has probable cause to believe exigent circumstances exist. In practice, when a person refuses, officers in Dallas County and across North Texas commonly ask a magistrate for a blood search warrant. The law also lists situations where an officer must require a specimen after a refusal, such as a crash where someone died or was seriously injured, a DWI with a child passenger, or certain prior DWI history (724.012(a-1) and (b)). Even then, the warrant-or-exigency rule in 724.012(e) applies.

How is a breath test done?

A breath specimen must be taken and analyzed under Texas Department of Public Safety rules by a person holding a DPS certificate to perform the analysis (724.016). Records about the instrument, its maintenance and the operator's certification are often requested and reviewed in a DWI defense.

Who can draw blood for a DWI case?

Section 724.017 limits blood draws to a physician, a qualified technician, a registered nurse, a licensed vocational nurse, or an authorized EMT-intermediate or paramedic, and the draw must happen in a sanitary place. When an EMT or paramedic draws the blood, an officer must watch and immediately take possession of the specimen to keep the chain of custody.

Can I get my own blood test?

Yes. If you gave a specimen at an officer's request, 724.019 lets you ask, within a reasonable time not to exceed two hours after arrest, to have a physician, qualified technician, chemist or registered nurse you choose take an additional blood specimen. Police must give you a reasonable opportunity to contact that person but do not have to transport you. You or your attorney can also request full information about the analysis of the State's specimen (724.018).

What happens to my license after a test or refusal?

The 15-day deadline to request an ALR hearing applies in both situations. See ALR hearings in Texas.

Should I refuse a breath or blood test in Texas?

There is no answer that fits every case, and this page is not advice for a particular arrest. A refusal avoids handing the State a number but brings a longer suspension, can be shown to the jury (724.061), and often leads to a blood warrant anyway. A test result of 0.15 or more can raise a first DWI to a Class A misdemeanor (Penal Code 49.04(d)). For more, read can you refuse a breath test in Texas.

How are test results challenged?

• Whether the stop and arrest were lawful.
• Whether the warning under 724.015 was given correctly.
• Whether a blood warrant was supported by probable cause and properly executed.
• Breath test operator certification and DPS rule compliance.
• Who drew the blood, where, and the chain of custody.
• Lab records, and whether the result reflects the alcohol concentration at the time of driving.

Go back to Dallas DWI defense for penalties and next steps.

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Last updated October 2026