Legal Question in Criminal Law in Texas

I was arrested a year ago and charged with a PI when I was never administered a breathalizer, I was disorderly to the cops and that is why they put me in solitary confinement for 18 hrs. I had no identification on me and didn't know my driver's license. I live in a different state than where this confrontation took place. They gave me an innitial court date, I had to go back home and missed this date. They had my correct address, I gave it to them, but they never sent me anything at all in the mail. Will this show up in a background check? What will happen with this?


Asked on 6/29/11, 9:18 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

The police do not have to administer a breath test nor any other kind of test upon a PI arrest. It can be based strictly on the officer's opinion based on his / her observations of you.

You now have a warrant for your arrest for missing the court date. Yes, the arrest can show up in a background check depending on how extensive the check is because you have been fingerprinted (and all prints go to the FBI to remain on file.)

If you return to Texas, you could be arrested on the warrant - especially if you go to the same county. Texas will not extradite you back to Texas on the Class C warrant, though, if you are stopped in your state.

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Answered on 6/29/11, 9:25 pm


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