TexasCHLforum.com

WildBill wrote:

Keith B wrote:

cb1000rider wrote:

Keith B wrote:
I keep hearing that there are 'specific steps for DWI' but not for CHL or public intox. It really is no different. A police officer may or may not administer a breathalyzer for a PI or CHL,but the field sobriety test is going to be performed for sure. And, if they want to strengthen their case, then they administer a breathalyzer to prove the BAC level.

Please point me to the rules that say they have to administer any type of test for DWI vs. PI or CHL.

Keith, field sobriety tests are not always performed for public intoxication. In fact, I don't think I've *ever* seen one be performed as part of that charge. I'm not saying that officers aren't allowed to do so - I'm just saying that I've never observed that happen and I've seen quite a few PI arrests. I'm also saying that if you request that one be done, a breathalyzer given, or blood drawn (which you might want to request if you're not actually impaired) you're not automatically granted one. As such, I'm suggesting that there is perhaps a lot more latitude allowed in such a charge.

During a DWI stop field sobriety (usually a combination of 6 tests) is a matter of departmental policy and procedure. It's not a required test under state law, but such testing is required under departmental policy (assuming I understand correctly). That policy has been developed, I assume, to help strengthen the validity of DWI cases.

Why the same policy doesn't apply to PI, I don't know... Maybe one of the resident LEOs could provide more insight than me.

I guess things are different for PI in Texas than they were in Missouri. We very rarely would have anyone arrested for PI, but usually some other offense. However, if we were arresting someone for an intoxication offense of any kind they were administered a breathalyzer to confirm their BAC, even if it was suspected they had other substances in their body that was causing their intoxication.

texanjoker wrote:Heck I ran into a lady the other night in a 51% establishment boasting about her chl and the fact she was carrying. I had to politely remind her of the law and she quickly ceased and desisted without further incident.