Texas Transportation Code 524.035 – Hearing
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(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 § 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.
Terms Used In Texas Transportation Code 524.035
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) If the administrative law judge does not find in the affirmative on each issue in Subsection (a), the department shall:
(1) reinstate the person’s driver’s license; and
(2) rescind an order prohibiting the issuance of a driver’s license to the person.
(d) An administrative law judge may not find in the affirmative on the issue in Subsection (a)(1) if:
(1) the person is an adult and the analysis of the person’s breath or blood determined that the person had an alcohol concentration of a level below that specified by § 49.01, Penal Code, at the time the specimen was taken; or
(2) the person was a minor on the date that the breath or blood specimen was obtained and the administrative law judge does not find that the minor had any detectable amount of alcohol in the minor’s system when the minor was arrested.
(e) The decision of the administrative law judge is final when issued and signed.