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Do we have rights anymore

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My son had a 17 year old girl called him on his cell phone to come and take her to an accident in which her truck had been involved and the young lady had been drinking, my son had a couple of drinks four hours before and when the tx trooper arrived to investigate the accident he administered a breathalyzer to the young lady who by the way was a minor
and she blew a 0.06 and noticed my son standing in the background and tried to make him submit to the breathalyzer to which my son refused and was immediatly arrested and placed into the FRONT seat of the patrol car.He was charged with public intoxication.The young lady was neither cited for MIP or public intoxication are for the zero tolerance law.The trooper told me that my son was intoxicated and beligerant.This was not the case my son was neither intoxicated or beligerant,he was upset about being arrested for something that he felt like he was not guilty of.He was placed in the front seat which is ridiculous if the trooper believed him drunk and beligerant and then asked my son for directions to get back to highway.My question is did my son not have the right to refuse the test and why did the young lady get off so easy and can they legally give a minor a breathalyzer in Texas? Also do you think my son has any chance of getting this dismissed? I'm certainly going to fight it.

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