ASK A COP — Can you refuse a breathalyzer?

Published 12:10 am Wednesday, February 15, 2023

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Roger from West Orange asks: My friend has a vehicle, and the headlights don’t work. He only drives in the daytime because his lights don’t come on at night. Is it OK for him to drive his car in the daytime only since there’s no need for his lights?

Answer: That vehicle should not be driven on the roads of Texas until the necessary repairs are made to the headlamps. I know it seems to be an easy fix to refrain from driving at night because other than the headlamps everything on the vehicle is operating correctly. But your friend is in violation of Texas Transportation Code if he only drives in the daytime. Headlamps are a state-inspected item, and therefore should not be taken lightheartedly. Consider this, your friend cannot assure himself that darkness from inclement weather or time of day will not catch him away from home.

Walter from Nederland asks: Is it legal to make a U-Turn at a signal intersection? If so, when is it permissible to make a U-Turn at an intersection? Thanks in advance for all of the wonderful information you deliver to readers on a weekly basis.

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Answer: Yes, U-Turns are permitted at signal intersections as long as they can be performed safely. If there’s a barrier or boulevard between you and the opposite direction you desire to go, you must wait until your traffic signal turns green. So, if you desire to make a U-Turn at an intersection, know that it’s permissible as long as it is done safely. I will add you can make a U-Turn at a signal intersection on a red light.

Mark from Port Arthur asks: You have started a debate on my job about driving under the influence, and the topic is refusing to blow. My co-worker told me he was arrested for DWI 12 years ago and beat it because he refused to blow. There’s another co-worker who told me you cannot refuse to blow. Is this true? I always had the understanding I couldn’t refuse an officer to blow. Thanks for any information to help us.

Answer: 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. There is always a misunderstanding that goes along with the arrest of suspected drunk drivers. In Texas, when you apply or sign for a driver’s license, you give implied consent that you will 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. There was a time when a person accused of driving while intoxicated could refuse to blow (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. 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! If a driver refuses the officer’s request to blow or blood, that will come with a penalty that will result in an automatic 180-day suspension of the license. If this was not a first rodeo, the suspension can be up to 2 years.

Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington & Tejas “Lil Man”Morning Star for Ask A Cop live on KSAP 96.9 FM The Breeze every Tuesday from 1 to 3 p.m. and beyond. Call in questions at 409-982-0247. You can also email questions to rickey.antoine@portarthurtx.gov or leave a voicemail at 409-983-8673. Mail them to Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public, you can always “Ask A Cop!”