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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

  1. 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

  2. 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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    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

  3. 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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