Dennis Michael McCambridge v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the lower appellate court's judgment that the appellant was not entitled to counsel before providing a breath test, holding that under Article I, §10 of the Texas Constitution the right to counsel attaches only after formal charges are filed and that the breath‑test decision is not a critical stage. The court also held that the statutory provisions of Articles 1.05, 15.17, and 38.22 of the Texas Code of Criminal Procedure do not create a greater right to counsel, and that the Fourteenth Amendment due‑process clause does not independently confer such a right in this context. Justice TEAGUE and Justice CLINTON dissented, arguing that the right to counsel should attach at arrest.