Legal Opinion
Opinion No.
Texas Attorney General Reports
Decided September 29, 1988Published
1Opinion of the Court
Honorable John L. Barnhill County Attorney Crosby County Crosbyton, Texas 79322
Re: Authority of a justice of the peace to probate suspension of a driver's license when an individual refuses to take a breathalyzer test (RQ-1419)
Dear Mr. Barnhill:
You ask whether a justice of the peace has the authority to probate the suspension of a driver's license when the defendant has refused to take a breathalyzer test.
Article 67011-5, V.T.C.S., governs the administration of breath tests and the suspension of licenses for refusal to take the same. Section 2(b) requires that an arresting officer advise a…