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Do you have to be administered a FST, blood draw, or breathalyzer in order to be charged with a DUI in Texas?

San Antonio, TX |

I was issued a DUI citation after being arrested for possesion of a controlled substance. I was never given a field sobriety test, or blood draw and I had not taken any of the drug I was charged with.

Attorney Answers 3

Posted

No. Especially if this is truly a Class C DUI citation (which is only possible if you are under 21 ). If you are under 21 it is illegal to consume any alcohol, so a DUI is committed by operating a motor vehicle with any detectable amount of alcohol in your system. This can be proven by odor of alcohol on your breath or admission of drinking alone. No BAC score or field tests are necessary.

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Posted

If you are under 21 it is illegal to have used any alcohol. Therefore it is not necessary for the police to perform any tests. This is also true for public intoxication in that the officer only has to testify that the person was a danger to themselves or others.
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Posted

The law in Texas is absolutely crazy. Absent a breath or blood test in CA, it is difficult to imagine a realistic scenario in which you'd be charged with DUI, regardless of your age. Hire a local DUI attorney. Good luck.

Jasen Nielsen

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2 comments

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Mr. Nielsen, in Texas, DUI is not the offense you probably assume. DWI, driving while intoxicated, is almost certainly what you're talking about, and is an offense that ranges from misdemeanor to felony, depending on the circumstances and number of priors. DUI is an offense applicable only to minors (under 21, i.e., can't legally drink), and requires proof only that the minor was operating a motor vehicle with any detectable amount of alcohol in his system--meaning odor of alcohol, seeing them sipping on a beer while driving, an admission of "half a beer", whatever, is good enough to convict. No proof of intoxication is required. That said, it's only a Class C offense, meaning it's fine only, not subject to jail time, and as long as you only pick up one alcohol-related conviction while a minor, there's an easy expunction process that can clear your record once you turn 21. Even in Texas, yes, we do require proof of intoxication beyond a reasonable doubt on the offenses that actually involve that element.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Posted

Thank you. Such a foreign concept to a CA attorney.

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