Edward Earl Forte, Appellant v. the State of Texas, Appellee

Summary

The Court held that the Sixth Amendment right to counsel does not attach until formal adversary proceedings begin, so appellant was not denied counsel before the breath test, and that Article 6701l-1(a)(2)(B) does not create an unconstitutional irrebuttable presumption of intoxication. The decision reversed the lower court on the counsel issue, affirmed on the statutory issue, and remanded for further state‑law analysis.