License Suspension & ALR Hearing

SUBCHAPTER A. GENERAL PROVISIONS

Section 724.001. Definitions

Section 724.002. Applicability

Section 724.003. Rulemaking

SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN

Section 724.011. Consent to Taking of a Specimen

Section 724.012. Taking of a Specimen

Section 724.013. Prohibition on Taking a Specimen If Person Refuses; Exception

Section 724.014. Person Incapable of Refusal

Section 724.015. Information Provided

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 to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension

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 express or the result of an intentional failure to give the specimen, may be introduced into evidence

Section 724.062. Admissibility of Refusal or 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 on behalf of the state, that the person was not provided a reasonable opportunity to contact a person specified by

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 is admissible in a civil or criminal action.

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 a watercraft, or an offense under Section 106.041, Alcoholic Beverage Code, evidence of the alcohol concentration or presence of a controlled