(a) An officer arresting a person shall comply with Subsection (b) if:
(1) the person is arrested for an offense under § 49.04, 49.045, 49.06, or 49.061, Penal Code, or an offense under Section 49.07 or 49.08 of that code involving the operation of a motor vehicle or watercraft, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified by § 49.01(2)(B), Penal Code; or
(2) the person is a minor arrested for an offense under § 106.041, Alcoholic Beverage Code, or § 49.04, 49.045, 49.06, or 49.061, Penal Code, or an offense under § 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or watercraft and:
(A) the minor is not requested to submit to the taking of a specimen; or
(B) the minor submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of greater than .00 but less than the level specified by § 49.01(2)(B), Penal Code.
(b) A peace officer shall:
(1) serve or, if a specimen is taken and the analysis of the specimen is not returned to the arresting officer before the person is admitted to bail, released from custody, delivered as provided by Title 3, Family Code, or committed to jail, attempt to serve notice of driver’s license suspension by delivering the notice to the arrested person; and
(2) send to the department not later than the fifth business day after the date of the arrest:
(A) a copy of the driver’s license suspension notice; and
(B) a sworn report of information relevant to the arrest.

Terms Used In Texas Transportation Code 524.011

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

(c) The report required under Subsection (b)(2)(B) must:
(1) identify the arrested person;
(2) state the arresting officer’s grounds for believing the person committed the offense;
(3) give the analysis of the specimen if any; and
(4) include a copy of the criminal complaint filed in the case, if any.
(d) A peace officer shall make the report on a form approved by the department and in the manner specified by the department.
(e) The department shall develop forms for the notice of driver’s license suspension to be used by all state and local law enforcement agencies.
(f) Repealed by Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023.

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