Is there a legal process, such as a reading or signature, required before you take an official breathalyzer test at the police station?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a legal process, such as a reading or signature, required before you take an official breathalyzer test at the police station?

Asked on May 5, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Before requesting a sample, officers are supposed to read DIC warnings advising defendants of the effects of their refusal to submit to a requested breath sample.  Many people think if they refuse to sign the warnings, then officers can't take the sample.  This is not correct.  As long as the person consents, they can obtain the sample.  Most patrol units are now equipped with recording devices which will capture the consent. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption