NOTICE TO OFFICER AT ROADSIDE STOP
As required by Texas law, I am herewith tendering my driver's license. The license is in proper order and I have committed no crime or traffic violation. I therefore request that my license be returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and in my vehicle, I must assume this is more than a brief investigatory stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under protest.
I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent and to not give evidence against myself. (U.S. Const., 5th Amendment).
I request that my attorney be present during any questioning or proceedings against me and that I be permitted to contact my attorney at the earliest possible time, as permitted by Texas and Federal law.
Texas law does not require me to submit to any verbal or non-verbal field sobriety tests including reciting the alphabet, the horizontal gaze nystagmus test, the Alco-sensor (hand-held breath testing device), walk-and-turn, one leg stand or other such tests. I, therefore, choose not to participate in any such so-called field sobriety tests, unless my attorney is present when such voluntary tests are performed. If you ignore my Constitutional and statutory rights under this card and verbally coerce me into taking any such tests, I am not performing any such tests willfully and voluntarily, but am doing so to avoid a confrontation with you, an armed law enforcement officer.
In compliance with the requirements of Texas Implied Consent Law, I will consent to submit to tests of my breath, urine, blood, or other bodily substances which you may designate, provided the test I am offered is properly done and has been properly approved by the Crime Lab and Highway Patrol Division of the Texas Department of Public Safety; however, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisement you are giving me, or in the procedures that you follow. Any consent by me to take a chemical sobriety test is given only for testing devices which are properly approved and where all pre-testing protocol and waiting periods are observed. Otherwise, my consent is NOT voluntarily given.
I request that I be provided with full information concerning your test including a written copy of any reports on the results of your test. If it is used, I wish to view any digital or numerical readout on the breath machine, pursuant to my Constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical test taken by the State of my blood, breath, or urine, and hereby demand that a sufficient sample be collected and properly sealed, refrigerated or preserved to permit re-analysis to be accomplished at a later date.
If, after the administration of your test, you decide to charge me with any DUI offense under Texas Law, then I request that I thereupon be transported to the nearest available private medical facility which will conduct independent testing. If feasible, I will select and utilize my own physician or medical provider to administer my independent test(s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want, and I specifically request immediate access to a phone and phone directory to do this. This request should also not be considered to be withdrawn or waived even if I take one or more additional breath tests.
In the event you suspend my driver's license pursuant to Texas Law, then I hereby request that I be afforded a hearing to review the propriety of the proposed administrative suspension. This request should be forwarded by you immediately to the Texas Highway Patrol.
I object and do not consent to a search of my person, my motor vehicle, or any of my other property, unless I give you written authority to search my vehicle (for "inventory" or any other purpose) and arrange for impound of my vehicle.
I also do not consent to being videotaped or audio taped at any time without my written consent, as such unauthorized taping would constitute a violation of my right of privacy under the U.S. Constitution.
This document constitutes an official notification which should be retained for your records.
