Texas Transportation Code Title 7, Chapter 724 - Implied Consent

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 724.001 - Definitions
  In this chapter: (1) "Alcohol concentration" has the meaning assigned by Section 49.01, Penal Code. (2) "Arrest" includes the taking into custody of a child,...
• Texas Section 724.002 - Applicability
  The provisions of this chapter that apply to suspension of a license for refusal to submit to the taking of a specimen (Sections 724.013, 724.015,...

SUBCHAPTER B TAKING AND ANALYSIS OF SPECIMEN

• Texas Section 724.003 - Rulemaking
  The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff....
• Texas Section 724.011 - Consent To Taking Of Specimen
  (a) If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor...
• Texas Section 724.012 - Taking Of Specimen
  (a) One or more specimens of a person's breath or blood may be taken if the person is arrested and at the request of a...
• Texas Section 724.013 - Prohibition On Taking Specimen If Person Refuses; Exception
  Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated...
• Texas Section 724.014 - Person Incapable Of Refusal
  (a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011. (b)...
• Texas Section 724.015 - Information Provided By Officer Before Requesting Specimen
  Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (1) if...
• Texas Section 724.016 - Breath Specimen
  (a) A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by...
• Texas Section 724.017 - Taking Of Blood Specimen
  (a) Only the following may take a blood specimen at the request or order of a peace officer under this chapter: (1) a physician; (2)...
• Texas Section 724.018 - Furnishing Information Concerning Test Results
  On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the...

SUBCHAPTER C SUSPENSION OR DENIAL OF LICENSE ON REFUSAL OF SPECIMEN

• Texas Section 724.019 - Additional Analysis By Request
  (a) A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of...
• Texas Section 724.031 - Statement Requested On Refusal
  If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person...
• Texas Section 724.032 - Officer's Duties For License Suspension; Written Refusal Report
  (a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to...
• Texas Section 724.033 - Issuance By Department Of Notice Of Suspension Or Denial Of License
  (a) On receipt of a report of a peace officer under Section 724.032, if the officer did not serve notice of suspension or denial of...
• Texas Section 724.034 - Contents Of Notice Of Suspension Or Denial Of License
  A notice of suspension or denial of a license must state: (1) the reason and statutory grounds for the action; (2) the effective date of...

SUBCHAPTER D HEARING

• Texas Section 724.035 - Suspension Or Denial Of License
  (a) If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall: (1) suspend the...
• Texas Section 724.041 - Hearing On Suspension Or Denial
  (a) If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or...
• Texas Section 724.042 - Issues At Hearing
  The issues at a hearing under this subchapter are whether: (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable...
• Texas Section 724.043 - Findings Of Administrative Law Judge
  (a) If the administrative law judge finds in the affirmative on each issue under Section 724.042, the suspension order is sustained. If the person is...
• Texas Section 724.044 - Waiver Of Right To Hearing
  A person waives the right to a hearing under this subchapter and the department's suspension or denial is final and may not be appealed if...
• Texas Section 724.045 - Prohibition On Probation Of Suspension
  A suspension under this chapter may not be probated. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 724.046 - Reinstatement Of License Or Issuance Of New License
  (a) A license suspended under this chapter may not be reinstated or a new license issued until the person whose license has been suspended pays...
• Texas Section 724.047 - Appeal
  Chapter 524 governs an appeal from an action of the department, following an administrative hearing under this chapter, in suspending or denying the issuance of...

SUBCHAPTER E ADMISSIBILITY OF EVIDENCE

• Texas Section 724.048 - Relationship Of Administrative Proceeding To Criminal Proceeding
  (a) The determination of the department or administrative law judge: (1) is a civil matter; (2) is independent of and is not an estoppel as...
• Texas Section 724.061 - Admissibility Of Refusal Of Person To Submit To Taking Of Specimen
  A person's refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was...
• Texas Section 724.062 - Admissibility Of Refusal Of Request For Additional Test
  The fact that a person's request to have an additional analysis under Section 724.019 is refused by the officer or another person acting for or...
• Texas Section 724.063 - Admissibility Of Alcohol Concentration Or Presence Of Substance
  Evidence of alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance obtained by an analysis authorized by Section 724.014...
• Texas Section 724.064 - Admissibility In Criminal Proceeding Of Specimen Analysis
  On the trial of a criminal proceeding arising out of an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or...

Last modified: September 28, 2016