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Is a
person required to take a breath, blood or urine test when
requested by a police officer?
Maybe! Our
law deems that all persons who drive with Texas licenses have
already conditionally agreed, after their arrest,
to take either a breath or blood test upon being properly
requested to do so by a police officer. This deemed consent only
arises 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. There is no such deemed consent,
or as it is sometimes called "implied consent" for a
urine test.
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