Legal Question in DUI Law in Texas

If he did a breath test, it was a portable device and the results are not admissible in a trial. Chances are that she was taken to the emergency room because of her condition, and that in the course of evaluating her needs, her blood was taken. In this circumstance, the cop will have to get a warrant to get the results of the blood test which will take a couple days or so. (There are limited circumstances in which blood can be taken without a warrant and they are not applicable here.) If he could not give her field sobriety tests, then he could have arrested her for driving under the influence (DUI) or being a minor in consumption - both because she was under 21. Seems like he gave her a break because of her physical condition (because he could have cuffed her to the bed and taken her to jail when the hospital released her.) Instead, he will wait and get the blood tests and if they show that she was .08 or higher or had drugs in her system, then he will get a warrant for driving while intoxicated (DWI). If the blood does not support this charge, then he could still arrest her for DUI based on any alcohol in her blood because Texas is a zero tolerance state - meaning that someone under 21 cannot have ANY alcohol in their system and drive.

I don't know what kind of forms you are expecting but I cannot think of any that should have been served, delivered, left or whatever. And, since she has not yet been charged because he did not have the blood results to know with what he could charge her, then there would be no papers for this.

You should contact a local lawyer as well as a bondsman. The cop might be nice and call you guys to let you know that there is a warrant so she can go to the bondsman and make a no-arrest bond (bond without being arrested) or he could just come and pick her up. If she is charged with either DUI or DWI, she will need a lawyer.