My jurisdiction is: texas
my brother got arrested for suspicion of DUI/DWI and did some of the field tests and asked if he would take a breath test on site, in which he said 'im not refusing i just want my doctor present'. once he got to the station he was never asked again to take a breath test or a blood test. i was under the impression that once your arrested they are suppose to and have to do one or the other whether you consent to it or not. he was never asked to do either. im wondering if this will help at all for him once it goes to court or if the field tests are all they need?
my brother got arrested for suspicion of DUI/DWI and did some of the field tests and asked if he would take a breath test on site, in which he said 'im not refusing i just want my doctor present'. once he got to the station he was never asked again to take a breath test or a blood test. i was under the impression that once your arrested they are suppose to and have to do one or the other whether you consent to it or not. he was never asked to do either. im wondering if this will help at all for him once it goes to court or if the field tests are all they need?
