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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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, www.austincriminaldefenseattorney.com
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.
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