Public Intoxication/Plano, TX
Can a police officer refuse to give someone a breathalyzer or blood alcohol test if they request one. My daughter was recently arrested for public intoxication and requested the tests but was denied. When I called the police department to ask if they gave her one they said they didn't have to but didn't tell me she requested one.
Thank you in advance for your help.
1 Answer from Attorneys
There is no law requiring that officers give intoxilizer tests, blood tests, or even field sobriety tests to those that they accuse of being publicly intoxicated - even if the accused requests it.
The question is whether she was intoxicated by alcohol, drugs, or a combination to the point that it made her a danger to herself and / or others. They will attempt to prove this by the testimony of the officers about her condition and the location where she was.
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