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Texas Laws | Transportation Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC

(C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (42495)

(2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or (42496)

(3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (42497)

(A) has been previously convicted of or placed on community supervision for an offense under Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or (42498)

(B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections. (42499)

(c) The peace officer shall designate the type of specimen to be taken. (42500)

(d) In this section, "bodily injury" and "serious bodily injury" have the meanings assigned by Section 1.07, Penal Code. (42501)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 33, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 422, Sec. 1, eff. Sept. 1, 2003. (42502)

Amended by: (42503)

Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 18, eff. September 1, 2009. (42504)

Sec. 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. (42505)(Text)

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. (42506)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (42507)

Sec. 724.014. PERSON INCAPABLE OF REFUSAL. (42508)(Text)

(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011. (42509)

(b) If the person is dead, a specimen may be taken by: (42510)

(1) the county medical examiner or the examiner's designated agent; or (42511)

(2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county. (42512)

(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017. (42513)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (42514)

Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE REQUESTING SPECIMEN. (42515)(Text)

Before requesting a person to submit to the taking of a specimen, the officer shall inform the person orally and in writing that: (42516)

(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution; (42517)

(2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days; (42518)

(3) if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person; (42519)

(4) if the person is 21 years of age or older and submits to the taking of a specimen designated by the officer and an analysis of the specimen shows the person had an alcohol concentration of a level specified by Chapter 49, Penal Code, the person's license to operate a motor vehicle will be automatically suspended for not less than 90 days, whether or not the person is subsequently prosecuted as a result of the arrest; (42520)

(5) if the person is younger than 21 years of age and has any detectable amount of alcohol in the person's system, the person's license to operate a motor vehicle will be automatically suspended for not less than 60 days even if the person submits to the taking of the specimen, but that if the person submits to the taking of the specimen and an analysis of the specimen shows that the person had an alcohol concentration less than the level specified by Chapter 49, Penal Code, the person may be subject to criminal penalties less severe than those provided under that chapter; (42521)

(6) if the officer determines that the person is a resident without a license to operate a motor vehicle in this state, the department will deny to the person the issuance of a license, whether or not the person is subsequently prosecuted as a result of the arrest, under the same conditions and for the same periods that would have applied to a revocation of the person's driver's license if the person had held a driver's license issued by this state; and (42522)

(7) the person has a right to a hearing on the suspension or denial if, not later than the 15th day after the date on which the person receives the notice of suspension or denial or on which the person is considered to have received the notice by mail as provided by law, the department receives, at its headquarters in Austin, a written demand, including a facsimile transmission, or a request in another form prescribed by the department for the hearing. (42523)

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