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Can
police ask a minor to take the breath test?
Yes, the law
here is the same as for an adult. Texas law deems that all
persons who drive with a Texas license have already conditionally
agreed, after being arrested, to take either a breath or blood
test upon being properly requested to do so by a police
officer. A proper request requires the officer to not only read
a required statutory script, but also, to furnish the written
script to the arrestee before the test request is made. Again,
there is no deemed consent for urinalysis testing.
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