Texas should follow South Dakota's lead

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 DWI Attorney, 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  While exchanging emails with him I was made aware of the fact that his state repealed the implied consent law in 2006.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.