Texas Attorney General Opinion: H-1034 Page: 1 of 3
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TnE ATTORNEY GENER AL
OF TEXAS
AuS rIN. TWcxAs 78711
JOflN L. BILL
August 3, 1977
Honorable Wilson E. Speir Opinion No. H-1034
Director, Texas Department of
Public Safety Re: Records of breath
5805 N. Lamar Boulevard tests administered to
Austin, Texas 78773 minors.
Dear Col. Speir:
You have asked our opinion whether article 67011-5,
V.T.C.S., authorizes the administration of breathalyzer
tests to minors and, if so, whether the minor's name can be
entered on a breathalyzer log maintained by the Department
of Public Safety. Article 67011-5 declares that "any person"
who operates a motor vehicle on-the public highways shall be
deemed to have given consent to a breath test for purposes
of determining the alcoholic content of his blood. Refusal
to submit to such test by "a person under arrest" may re-
sult in suspension of the person's license to drive. Id. S
2. Results of the test are admissible at "any . . . pro-
ceeding" arising out of the person's alleged driving while
under the influence of intoxicating liquor. Id. S 3.
We believe it clear that the provisions of article 67011-5
are applicable to minors as well as adults. Section 8.07(a)T2)
of the Penal Code now prohibits criminal prosecution of a per-
son for driving while intoxicated if the offender is younger
than 15 years of age, and permits criminal prosecution of per-
sons 15 and 16 years old only if the juvenile court waives
jurisdiction and certifies the individual for criminal prose-
cution. Ex parte Tullos, 541 S.W.2d 167, 170 n. 3 (Tex. Crim.
App. 1976). Such behavior constitutes "conduct indicating a
need for supervision," and is within the exclusive original
jurisdiction of the juvenile court. Family Code S 51.03(b)(4);
51.04. See Attorney General Opinion H-1020 (1977) at 2 - 3.
Juveniles may be taken into custody "pursuant to the laws of
arrest," see Attorney General Opinion H-487 (1975) at 2, al-
though the-detention is legally considered an "arrest" only
"for the purpose of determining the validity of taking him
into custody or the validity of a search." Family Code S 52.01
(a) (2), (b). Testing procedures such as those authorized inp. 4265
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-1034, text, August 3, 1977; (https://texashistory.unt.edu/ark:/67531/metapth271559/m1/1/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.