One of the advantages of being part of the
National College of DUI Defense is that every member of the college helps one another. Recently, I was
able help fellow
Brad Schreiber of South Dakota, with a Texas licensing issue. While exchanging emails with him I was
made aware of the fact that his state repealed the implied consent law
in 2006. The affect of this is that South Dakota is one of the few states
that do not require a breath test. In fact, his state requires a blood
test in DWI cases.
In the past few years Texas has been expanding how law enforcement may
collect a blood sample from someone that is arrested for DWI. If this
continues Texas should explore eliminating the implied conset law as it
relates to the breath/alcohol test.