Is there a legal process, such as a reading or signature, required before you take an official breathalyzer test at the police station?

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Is there a legal process, such as a reading or signature, required before you take an official breathalyzer test at the police station?

Asked on May 5, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Before requesting a sample, officers are supposed to read DIC warnings advising defendants of the effects of their refusal to submit to a requested breath sample.  Many people think if they refuse to sign the warnings, then officers can't take the sample.  This is not correct.  As long as the person consents, they can obtain the sample.  Most patrol units are now equipped with recording devices which will capture the consent. 


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