Posted on October 22, 2006 by Jamie Spencer

Statement Requested on Refusal - Texas Transportation Code Section 724.031

Section 724.031. Statement Requested on Refusal

If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that:

(1) the officer requested that the person submit to the taking of a specimen;

(2) the person was informed of the consequences of not submitting to the taking of a specimen; and

(3) the person refused to submit to the taking of a specimen.

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Chuck - October 11, 2007 3:26 PM

OK maybe this is just a myth. But what if you agree to take a breath test with the presence of your lawyer there to insure your rights are protected, and your lawyer doesn't show for 6-8 hours. Are you still cited for refusal?

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