Texas Transportation Code

§ 524.035 — HEARING

TN § 524.035Title 7. VEHICLES AND TRAFFIC · Part B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS · Ch. 524. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO PASS TEST FOR INTOXICATION · Art. D. HEARING AND APPEAL

Statute text

View on source

(a)The issues that must be proved at a hearing by a preponderance of the evidence are:

(1)whether:

(A)the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or

(B)the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft; and

(2)whether reasonable suspicion to stop or probable cause to arrest the person existed.

(b)If the administrative law judge finds in the affirmative on each issue in Subsection (a), the suspension is sustained.

…

Legislative history

Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 16, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 3, eff. September 1, 2023.