Police Reading Form - Is it too much to ask?

Before requesting a breath sample or blood sample in a DWI case, an arresting officer is required to provide information about the consequences of the breath test.  Section 724.015 of the Texas Transportation Code requires the officer to inform a DWI suspect that his license can be suspended for 180 days if the person refused a breath test and that that refusal can be used against the person in court.

Lately, however, it seems the police have been asking "You going to give a breath test?"  When the client says "No", the police mark it as a refusal.  The cops seem to be getting lazy and not following the law.  I have heard this story far too many times lately for it not to be true.  This can be a reason to get a DWI case dismissed. 

It is a shame that the police are not required to video tape this admonishment.  In fact, it is a shame that everything the police do is not taped.  Through our investigations, we have found that some cops are just not to be trusted.  As Houston DWI Lawyers, we should not have to investigate the cops to see if they have the capability to video our clients.