Prohibition on Taking a Specimen If Person Refuses; Exception - Texas Transportation Code Section 724.013

Section 724.013. Prohibition on Taking a 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 by a peace officer.

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Earl - September 21, 2011 4:59 AM

If a suspected intox driver refuses to provide an officer with a specimen of his breath, is that act of refusal considered as being "Non-cooperative?" that could lead to further charges? Or is it the "right" of the suspected intox driver to refuse to provide a specimen?

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