(a) If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:
(1) serve notice of license suspension or denial on the person; and
(2) make a written report of the refusal to the director of the department.

Terms Used In Texas Transportation Code 724.032

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(b) The director must approve the form of the refusal report. The report must:
(1) show the grounds for the officer’s belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated; and
(2) contain a copy of:
(A) the refusal statement requested under § 724.031; or
(B) a statement signed by the officer that the person refused to:
(i) submit to the taking of the requested specimen; and
(ii) sign the requested statement under § 724.031.
(c) The officer shall forward to the department not later than the fifth business day after the date of the arrest:
(1) a copy of the notice of suspension or denial; and
(2) a copy of the refusal report.
(d) The department shall develop forms for notices of suspension or denial to be used by all state and local law enforcement agencies.
(e) Repealed by Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023.

  Previous section
Next section  
 Subchapter C Contents