Quoted: Quoted: Quoted: Refuse a test, your license is revoked.   Refuse a field breath test, prior to arrest. Or a blood breath test after your arrest?   Refuse an "evidentiary test".

The breath or Blood test in Texas is done on implied concent, when you get a Texas drivers license you are in all truth signing the right for an LEO to take a sample... you CAN refuse, just like you can break any law, and you are punished for it accordingly. Also, in six years as an LEO I never lost a DWI case even without any tests, Intox. tests or SFST tests...

No double standard in this case.

Henderson officer convicted in DUI case

Brian Haynes

A Henderson police officer was convicted of drunken driving Tuesday in a November incident where the Highway Patrol said he verbally assaulted a trooper and threatened to beat him up.

With four troopers watching in a small Las Vegas Municipal Court room, Danny Medina pleaded no contest under a plea agreement with the city attorney's office. Medina did not admit guilt but acknowledged prosecutors had enough evidence to convict him.

Four other charges, including disturbing the peace and coercion, were dismissed.

Municipal Judge Elizabeth Kolkoski fined Medina $580 and sentenced him to two days in jail with credit for the two days he already served. He also must attend a DUI education course.

Medina and his lawyer, John Watkins, declined to comment after the hearing.

Medina underwent an internal investigation following the incident and still is with the Henderson Police Department. He was a patrol sergeant before his arrest and now works as a patrol officer.

The conviction would not warrant a new internal investigation, said Keith Paul, a department spokesman.

Troopers arrested Medina the evening of Nov. 2 after a fender bender on Sahara Avenue near Highland Drive involving the officer and another driver.

Medina refused to take a preliminary breath test and grew belligerent, telling a trooper, 'If you come to Henderson I'll kick your ass,' according to a police report.

After another verbal exchange, Medina ran from the scene, forcing the trooper to chase him on his motorcycle, the report said.

Breath tests taken after Medina's arrest indicated his blood-alcohol content was 0.18 percent and 0.193 percent. The legal limit is 0.08 percent.


September 23, 2004