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

Summary

The Texas Court of Criminal Appeals held that the Sixth Amendment right to counsel does not attach until formal judicial proceedings are initiated, so appellant was not denied counsel when asked to provide a breath sample. The court also held that Article 6701Z-1(a)(2)(B) does not create an unconstitutional irrebuttable presumption of intoxication. The decision was partially reversed, partially affirmed, and the case was remanded for further state‑law analysis, with a concurrence noting the issues remain open under Texas law.