BREATH SPECIMEN
Applied in 13 court decisions — leading case Bartlett v. State (2008)
Most recently applied in Elio Raul Trigo v. State (February 2016)
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis.
(b) The department may:
(1) adopt rules approving satisfactory analytical methods; and
(2) ascertain the qualifications of an individual to perform the analysis.
(c) The department may revoke a certificate for cause.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.