my husband is on probation for unauthorize use of a motor vehicle he got 10 years probation back in 2001 just this month he picked up 2 charges evading arrest with motor vehicle and a third dwi. he was not trying to get away he didnt stop because he was around the corner of our apartment just trying to park the truck so it wouldnt get towed. it still got towed anyways he was not driving fast at all maybe 10-15 mph through our apartment complex.he did not resist arrest at all he got out the truck when asked to. two cops had guns on him and sprayed mase all over him not just the eyes they put him in the cop car within minutes they were gone when he got to jail he said the cop threw him in the drunk tank and hosed him down the cops never asked him to take a breath or blood test nor did they do the tests to see if he was trunk like walking or abcs dont know whats its called by name. when i picked up his property a few days later the yellow piece of paper was in there and the officer put that my husband refused to take a breath or blood test my husband said they never gave him the option. when they do the tests does it have to be taped or recorded? is there any legal advice you can give me about this case? or what action can my husband take ?
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