Can a minor refuse a blood or breath alcohol test?
Texas has an implied consent law which means that if you applied for and received a Texas driver’s license you agreed to take a breath or blood alcohol test if arrested for DWI, DUI, or other alcohol related driving offense. The implied consent law applies to minors. However, a minor can refuse to take the test. There are consequences to refusing to take the test. The government attorney can use the minor’s refusal against them during their trial. Further, DPS may suspend the minor’s driver’s license longer than if they had taken the test. Regardless of these potential consequences giving a breath or blood test essentially gives the Government more evidence to attempt to convict a citizen of DUI or DWI. What is Driving Under the Influence of Alcohol by Minor (DUI)? A minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. DUI is a Class C Misdemeanor. There are two primary differences between
