6.7 DWI, Implied Consent, SFST, and Chemical Tests

Key Takeaways

  • BPOC Chapter 23 requires successful completion of the current NHTSA Standardized Field Sobriety Testing (SFST) course; the battery is the HGN, walk-and-turn, and one-leg stand.
  • Texas DWI is operating a motor vehicle in a public place while intoxicated—loss of normal faculties OR a blood/breath alcohol concentration of 0.08 or more (Penal Code 49.04/49.01).
  • Transportation Code Chapter 724 supplies implied consent, the statutory warning before a specimen request, refusal limits, and the officer's license-suspension and refusal-report duties.
  • After refusal, a nonconsensual blood draw generally requires a search warrant (per Missouri v. McNeely and Section 724.012) unless probable cause plus genuine exigent circumstances exist.
Last updated: June 2026

Defining DWI and the SFST Battery

BPOC Chapter 23's goal is to detect, apprehend, and arrest the intoxicated driver. Objective 23.1 requires successful completion of the current National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing (SFST) course.

Texas Driving While Intoxicated (DWI) under Penal Code 49.04 is operating a motor vehicle in a public place while intoxicated. Penal Code 49.01 defines intoxicated two ways: (1) not having the normal use of mental or physical faculties due to alcohol, a drug, or a combination; or (2) a blood or breath alcohol concentration of 0.08 or more. Either prong proves the case—officers do not need both.

The Three Standardized Tests

SFST componentWhat it measuresStandardized clues
Horizontal Gaze Nystagmus (HGN)Involuntary eye jerking6 clues (3 per eye)
Walk-and-TurnDivided attention, balance8 clues
One-Leg StandBalance, divided attention4 clues

SFST items are standardized-process questions. The local BPOC source does not reproduce the full NHTSA manual, so know the structure and the discipline: proper administration in the prescribed manner, accurate observation, and accurate documentation. Deviating from standardized administration undercuts the validity of the clues.

Implied Consent and the Warrant Rule

Transportation Code Chapter 724 governs implied consent: anyone who operates a motor vehicle in a public place is deemed to have consented to a breath or blood specimen if arrested for DWI. BPOC lists its threads: applicability, consent to a specimen, taking of a specimen, refusal limits and exceptions, incapacitated persons, information provided before requesting a specimen (the statutory warning), breath and blood specimens, test results, additional analysis, the refusal statement, and the officer's license-suspension and written-refusal-report duties.

The Investigative Sequence (memorize the order)

  1. Stop — reasonable suspicion from driving facts (weaving, wide turns, near-misses).
  2. Observation — odor, slurred speech, bloodshot eyes, poor balance, admissions.
  3. SFST — standardized battery, properly administered and documented.
  4. Arrest — probable cause that the driver is intoxicated.
  5. Statutory warning (DIC-24) — read consequences before requesting a specimen.
  6. Specimen request — breath or blood.
  7. Refusal handling and documentation — license suspension paperwork.

The Critical Warrant Rule

After the U.S. Supreme Court's Missouri v. McNeely (2013), the natural dissipation of alcohol does not by itself create an exigency justifying a warrantless blood draw. Texas conformed: under Section 724.012, if a driver refuses a voluntary specimen, the officer may proceed only with a search warrant or with probable cause to believe genuine exigent circumstances exist. BPOC therefore directs officers to obtain a blood search warrant for a nonconsensual specimen rather than relying on the mandatory-specimen statute alone.

Forms and Traps

FormUse
DIC-23Notice of suspension / temporary driving permit
DIC-24Statutory warning read before the specimen request
DIC-25Peace officer's sworn report
THP-51Mandatory/blood-draw documentation

Traps: (1) believing implied consent alone authorizes a forced draw after refusal—it does not; (2) forgetting the Administrative License Revocation (ALR) paperwork after a refusal; (3) blending the evidence categories. Keep them separate: driving facts support the stop, observations support suspicion, SFST supports the arrest decision, and Chapter 724 warnings and forms support the specimen and license process.

Mandatory Specimens, ALR, and DWI Levels

Section 724.012 also lists mandatory-specimen situations where the statute directs the officer to take a specimen—for example, when the DWI arrest arises from a crash that caused death or serious bodily injury, or when the driver has prior DWI-related convictions. But after Missouri v. McNeely (2013), the mandatory-specimen statute does not by itself override the Fourth Amendment: if the driver refuses, the officer still needs a warrant unless genuine exigent circumstances exist. BPOC's bottom line is to obtain a blood search warrant for any nonconsensual draw rather than relying on the mandatory statute alone.

Administrative License Revocation Runs in Parallel

A DWI arrest triggers two tracks. The criminal case proceeds under Penal Code Chapter 49. The Administrative License Revocation (ALR) track is civil and automatic: a driver who refuses a specimen, or who provides one showing 0.08 or more, faces license suspension independent of the criminal outcome. The officer's paperwork drives ALR—the DIC-23 notice of suspension/temporary permit, the DIC-24 statutory warning, and the DIC-25 sworn report. Forgetting this paperwork after a refusal is a classic exam miss.

OutcomeCommon first-offense ALR suspension
Refused a specimen180 days
Provided specimen ≥ 0.0890 days

DWI Severity Levels

LevelTrigger
Class B misdemeanor DWIFirst offense, BAC ≥ 0.08 or loss of faculties
Class A misdemeanor (DWI 0.15+)BAC of 0.15 or more at testing
DWI with child passengerState jail felony; passenger under 15
Intoxication assault / manslaughterSerious bodily injury / death caused while intoxicated

Pulling It Together

The intoxicated-driver case is won by keeping the evidence streams separate and the sequence clean: articulable driving facts justify the stop; observed impairment plus a properly administered NHTSA SFST battery builds probable cause; the arrest precedes the DIC-24 warning; the specimen request follows; and a refusal triggers warrant analysis plus ALR paperwork. Mix those steps—reading the warning before arrest, forcing a draw on implied consent alone, or dropping the ALR forms—and the exam scenario is scored wrong even when the officer's instinct that the driver was drunk is correct.

Test Your Knowledge

A driver arrested for DWI refuses to give a breath or blood specimen. Under Section 724.012 and Missouri v. McNeely, how may the officer obtain a blood specimen?

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B
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D
Test Your Knowledge

Under Penal Code 49.01, which proof, standing alone, establishes that a driver was intoxicated?

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B
C
D
Test Your Knowledge

Which Texas form is the statutory warning an officer reads before requesting a breath or blood specimen?

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B
C
D
Test Your Knowledge

Which course must a cadet complete to satisfy BPOC Chapter 23 objective 23.1?

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B
C
D