Comments on: Minors and Breathalyzer Tests http://www.laviagelaw.com/houston_law_blog/2008/11/minors-and-breathalyzer-tests/ A blog about Texas law from Houston attorneys. Fri, 30 Jul 2010 03:39:57 +0000 http://wordpress.org/?v=2.6.3 By: blaviage http://www.laviagelaw.com/houston_law_blog/2008/11/minors-and-breathalyzer-tests/#comment-8 blaviage Thu, 13 Nov 2008 03:24:13 +0000 http://www.laviagelaw.com/houston_law_blog/?p=27#comment-8 Andrea: The answer is, it depends. If they had probable cause to do so, then yes. If not then no. I would like to have an ALR hearing to determine whether law enforcement did indeed have probable cause to conduct a test. The fact he was 17 has no bearing on that issue, as in Texas your son is considered an adult. Even if he was 16, if the police had good reason to believe he was drinking, there really was no way around it. Brian Andrea:

The answer is, it depends. If they had probable cause to do so, then yes. If not then no. I would like to have an ALR hearing to determine whether law enforcement did indeed have probable cause to conduct a test. The fact he was 17 has no bearing on that issue, as in Texas your son is considered an adult. Even if he was 16, if the police had good reason to believe he was drinking, there really was no way around it.

Brian

]]>