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.
