QUESTION
I had never refused a breathalyzer test, would that constitute coerced consent?
Asked on Apr 30th, 2012 on DUI/DWI - Texas
More details to this question:
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?
1 ANSWER
3 Awards
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?
Answered on May 01st, 2012 at 2:53 PM