Texas Court: Implied Consent Valid for DUI Driver
Under California’s vehicle codes, drivers suspected of a DUI in Los Angeles must submit to breathalyzer or blood tests or face a license suspension of one year for the first offense (two years for the second offense and three years for the third) and must pay a fine of $125.
Texas has a similar implied consent law, and the state’s appeals court has just upheld its constitutionality.
Officer Luis Villarreal of the McAllen, Texas, Police Department pulled John Andrew Rankin over on July 19, 2014, after the driver breezed through a blinking red light without stopping. The officer reported that Rankin smelled strongly of alcohol, had bloodshot eyes and slurred his speech. When Rankin failed field sobriety tests, Villarreal arrested him for driving under the influence. At the police station, Rankin refused to take a breathalyzer test.