If a Minor request a breathalyzer, can they deny him, put him in jail over night because he refused to sign.?

Question

My son was out of town with another family. Outside the Condo Room, some cops approached them and said they had been drinking. One of the boys admitted he was, my son and another boy said they had not been drinking and asked for a breathalyzer, instead of granting them this request to provide proof that he was drunk, they said he could just go to jail if he did not sign. Result was the two boys that were not drinking, did not sign, they spent the night in jail and never called us, the parents. The next morning, they put him in a court in front of a judge and again asked him to sign...he asked what would happen if he did not, because he was not drinking, and was denyed a test of ANY kind. He said that he could go back to his jail cell for a couple of more days if he didn't sign...my son, young, and not knowing his rights, signed the papers. Results were 30 days revoked license, Alcohol Awareness Class by 10/25/08, 8 hours community service, $370.00 by 8/25/08 if evidence of course

Answer 1

Okay Ma'am,  it sounds like your son was being issued a citation for what they call in Texas, Minor in Consumpsion.  Now a citation is like a bond.  When you sign you are not signing stating that you are guilty only that you will appear before the Judge by the date specified.  By not signing the citation he is in essence stating that he will not appear in court.  So it is the Officer's choice to either arrest or just write on the signature line that he refused to sign.  Now where I work in Texas it is not necessary to give a minor a Breathalyzer for being in consumpsion of alcohol.  I only need to smell alcohol on their breath or have some other proof such as Horizontal Gaze Nystagmus.  Then I can cite for the offense.  Even if a breath test is requested I do not have to give it.  The best advice for your son was to sign the ticket, go before the judge, plead Not Guilty, and have either a judge or jury trial.  If that is possible where you live.  Sounds to me like  you have not gotten the full story from your son.  I did not read where the judge asked him how he pleaded.  Just sign the papers and you are guilty.  Does not work that way.  Before the judge can hand down a sentence there had to be a plea.  I don't know but it just does not sound right they way you have written it.  More info is needed to have a full understanding.  But it sounds to me as though your son pleaded guilty just to get out of jail.  Talk to your son some more and get more info from him.  Or better yet, go talk to the officer or judge that handled your son's case and get the full skinny.