Ask a Cop: Breath sample a must in Texas
Published 8:42 am Tuesday, March 12, 2019
Jeff from Beaumont asks: Officer Antoine, you’ve been giving very good information lately on driving under the influence of alcohol. Now you have started a debate on my job about driving under the influence, and now the topic is refusing to blow into a breathalyzer. Officer Antoine, my co-worker told me he was arrested for DWI 12 years ago and beat it because he refused to breathe in the machine. There’s another co-worker who told me you cannot refuse to blow into it; is this true? Officer Antoine, I always had the understanding I couldn’t refuse an officer to blow into the breathalyzer? Thanks for any information to help us. Please keep the information coming. We love Ask A Cop on my job.
Answer: Good question, Jeff! I’m glad you asked that question because in the state of Texas, as well as the rest of the states in this great nation, DWIs are a very serious crime. Driving While Intoxicated puts many people in danger of injuries or death, and takes lives of motorists unnecessarily every year. But there is always a misunderstanding that goes along with the arrest of suspected drunk drivers. So let’s get to your question about to blow or not to blow for a breath sample. In Texas, when you apply or sign for a driver’s license, you give implied consent that you cooperate with the arresting officer in Texas when he requests for blood or breath to determine your blood alcohol content. This is done if you are lawfully stopped in suspicion for Driving While Intoxicated. Yes, the implied consent law is automatically agreed on, but you have a right to refuse the officer’s request to blow or give blood. Jeff, there was a time when a person accused of Driving While Intoxicated could refuse to give a sample of his/her breath to determine if they are over the legal limit as provided by the Texas Transportation Code. Today, Jefferson County is a “No refusal” county, as with many other counties in the state of Texas. That means if you refuse the officer’s request for a sample of your breath or blood to determine your blood alcohol content, he’s going to request a magistrate to issue a warrant for your blood and guess what: You cannot refuse that. You will be taken to a medical facility with trained medical personnel, and they will take your blood whether you’re willing or not. You can’t refuse once a warrant for your blood is issued. Jeff, many believe that’s quite excessive to determine whether someone is intoxicated while operating a motor vehicle. My answer is, tell that to someone who has lost a loved one at the hands of an intoxicated driver. The best thing to do is don’t drive while intoxicated. Jeff, if a driver refuses the officer’s request for a breath or blood sample, that will come with a penalty that will result in an automatic 180-day suspension of his license. If this was not their first rodeo, the suspension can be up to two years.
Orville from Port Arthur asks: Officer Antoine, I know to many this will sound like a stupid question, but I need to know the answer. I am now aware we can carry concealed firearms in our vehicles in Texas from the answer you were providing just a couple weeks ago in your article. But my question is, can the weapon have a round or a bullet in the chamber of the weapon?
Answer: Good question, Orville! The definition of stupid is the showing of a great lack of intelligence or commonsense. I don’t think there’s anything stupid about you asking a question about whether a firearm that’s concealed in your vehicle can have a bullet in the chamber. Orville, the state of Texas allows motorists who are not: felons; have a weapon in plain sight; a member of an organized gang; or not committing a crime higher than class C, to carry weapons in the car. Now to answer your question, Orville, yes, the weapon can be loaded with a round or bullet in the chamber ready to go, because I don’t think I know a criminal who will allow you to have a moment to get your weapon ready to defend yourself. In my opinion, there is no sense in carrying a weapon for your defense unless it’s ready to defend you in a moment’s notice.
John from Nederland asks: Officer Antoine Thank you for this awesome column! I have a simple question for you regarding parking tags for disabled. I’ve always noticed there are two different colors for the handicap tags — blue and red. What is the difference between the blue and the red handicap tags? Thank you!
Answer: Good question, John! Yes, there is a distinct difference between the red and blue disabled parking Placards. The blue disabled parking placards are for those with permanent disabilities, and they should be renewed every four years. The red disabled parking placard are for those with a temporary disability, are valid for up to six months, or whenever the disability no longer exists, whichever comes first.
Join Officer Antoine for Ask A Cop Live on KSAP 96.9 FM, “The Breeze” radio station, every Tuesday from 1-2 p.m. Tune in and listen as Officer Antoine discusses in detail the newly released Ask A Cop article that published in The Port Arthur News. You can also tune in via internet at www.ksapthebreeze.org. Feel free to call in and ask your question live to Officer Antoine at 409-982-0247.
Remember to email your questions to Rickey.Antoine@portarthurtx.gov, or call 409-983-8673 and leave a message or voice mail question, or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you canAsk A Cop!