If an officer (state trooper) in Texas asked me if I would permit a breathalyzer test, and I responded that I did not understand and that I would like him to explain what he meant, and the officer put it down as a refusal(so that he could force a blood test) even though I had never refused, would that constitute coerced consent? Would that be an Erdman violation? How would that affect my case?
Basically if you don't take it for any reason they can count it as a refusal. It would only be an Erdman issue if he coerced you into taking it. But you never took it right?
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