No blood or breath test is required for a conviction of any alcohol or other intoxication charge in Texas. In cases of DWI a person must be offered the chance to submit to a breath or blood test; however, one is not required to obtain a conviction.hi-power wrote: We found out today that the only charge against the kid is going to be Public Intoxication, although a breath or blood test was not given.
SureI had no idea they could arrest and prosecute for anything other than animal or environmental reasons.
Could someone set me straight on this by showing me where in the law it states that they can act as a regular LEO?
There are no such things as "regular LEO's" and limited authority LEO's in Texas. You are either a Peace Officer or you are not. A Peace Officer has full authority within his jurisdiction, and Game Wardens have statewide jursdiction.
Texas Code of Criminal Procedure
Art. 2.12. Who are peace officers.
The following are peace officers:
(1) sheriffs, their deputies, and those reserve deputies who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;
(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who hold
a permanent peace officer license issued under Chapter 1701,
Occupations Code;
(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;
(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
](10) law enforcement officers commissioned by the Parks and
Wildlife Commission;
There are 25 more!
So, what gives them the authority to arrest?
Texas CCP
Art. 14.01. Offense within view.†[Crime committed within view of
peace officer.]
(a) A peace officer or any other person, may, without a
warrant, arrest an offender when the offense is committed in his
presence or within his view, if the offense is one classed as a felony
or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant
for any offense committed in his presence or within his view.
Art. 14.03. Authority of peace officers.
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been guilty
of some felony, violation of Title 9, Chapter 42, Penal Code, breach
of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal
Code (violation of Protective Order), or by Section 38.112, Penal
Code (violation of Protective Order issued on basis of sexual
assault), if the offense is not committed in the presence of the peace
officer;
(4) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to a
member of the person's family or household; or
(5) (As added by L.2003, chap. 460(2). See other subdivision
(5) below.) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual's ability to
place a telephone call in an emergency, as defined by Section
42.062(d), Penal Code, if the offense is not committed in the
presence of the peace officer.
(5) (As added by L.2003, chap. 989(1). See other subdivision
(5) above.) a person who makes a statement to the peace officer that
would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed a
felony.
(b) A peace officer shall arrest, without a warrant, a person
the peace officer has probable cause to believe has committed an
offense under Section 25.07, Penal Code (violation of Protective
Order), or Section 38.112, Penal Code (violation of Protective Order
issued on basis of sexual assault), if the offense is committed in the
presence of the peace officer.
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an assault
against a member of the family or household, a peace officer shall
remain at the scene of the investigation to verify the allegation and
to prevent the further commission of the violation or of family
violence.
(d) A peace officer who is outside his jurisdiction may
arrest, without warrant, a person who commits an offense within the
officer's presence or view, if the offense is a felony, a violation of
Chapter 42 or 49, Penal Code, or a breach of the peace. A peace
officer making an arrest under this subsection shall, as soon as
practicable after making the arrest, notify a law enforcement agency
having jurisdiction where the arrest was made. The law enforcement
agency shall then take custody of the person committing the offense
and take the person before a magistrate in compliance with Article
14.06 of this code.
(e) The justification for conduct provided under Section
9.21, Penal Code, applies to a peace officer when the peace officer
is performing a duty required by this article.
(f) In this article, "family," "household," and "member of a
household" have the meanings assigned to those terms by Chapter 71,
Family Code.
(g) A peace officer listed in Subdivision (1), (2), (3), (4),
or (5), Article 2.12, who is licensed under Chapter 415, Government
Code, and is outside of the officer's jurisdiction may arrest without
a warrant a person who commits any offense within the officer's
presence or view, except that an officer who is outside the officer's
jurisdiction may arrest a person for a violation of Subtitle C, Title
7, Transportation Code, only if the officer is listed in Subdivision
(4), Article 2.12. A peace officer making an arrest under this
subsection shall as soon as practicable after making the arrest notify
a law enforcement agency having jurisdiction where the arrest was
made. The law enforcement agency shall then take custody of the
person committing the offense and take the person before a magistrate
in compliance with Article 14.06.
Game Wardens have statewide jurdisdiction.