Legal Question in DUI Law in Texas

My husband was pulled over and asked to take a field breath alcohol test and refused. He refused balance test. He was taken into custody and agreed to take the BAC test at the Parker County jail in Texas where he passed the test. They made him spend the night in jail and released the next day but was not charged with anything nor booked nor fingerprinted. Is this legal? Can we take legal action?


Asked on 3/24/14, 9:16 am

1 Answer from Attorneys
Chris Dorbandt Chris Dorbandt & Associates

Possibly, but the police have a form of qualified immunity for making mistakes, which makes it very difficult to prevail on a claim. It doesn't sound like this was a mistake. This can be an easy or complex question to answer. Did your husband enter a plea of guilty or no contest to any charge the next morning before being released from jail?

Your statement that "they made him spend the night in jail and released the next day but was not charged with anything nor booked or fingerprinted" does not ring true. For persons to be admitted to jail there must be some sort of legal authority to do so. That means the officer(s) completed an Affidavit of Probable Cause under oath for some charge. One does not just get to check into jail, sleep well with a blanket, get up and have a great meal and the be discharged from custody. What is the real story here?

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Answered on 5/15/14, 3:00 pm


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