Texas DUI Laws
Penal Code
Chapter 49. Intoxication and Alcoholic Beverage Offenses
- Section 49.01 - Definitions
In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or ...
- Section 49.031 - Possession of Alcoholic Beverage In Motor Vehicle
(a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, ...
- Section 49.04 - Driving While Intoxicated
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by ...
- Section 49.045 - Driving While Intoxicated With Child Passenger
(a) A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle ...
- Section 49.05 - Flying While Intoxicated
(a) A person commits an offense if the person is intoxicated while operating an aircraft. (b) Except as provided by Section 49.09, an offense under ...
- Section 49.06 - Boating While Intoxicated
(a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under ...
- Section 49.07 - Intoxication Assault
(a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or ...
- Section 49.08 - Intoxication Manslaughter
(a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an ...
- Section 49.09 - Enhanced Offenses and Penalties
(a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term ...
- Section 49.10 - No Defense
In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to ...
- Section 49.11 - Proof of Mental State Unnecessary
(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does ...
- Section 49.12 - Applicability To Certain Conduct
Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by ...
Transportation Code
Chapter 524. Administrative Suspension of Driver's License For Failure To Pass Test For Intoxication
- Section 524.001 - Definitions
In this chapter: (1) "Adult" means an individual 21 years of age or older. (2) "Alcohol concentration" has the meaning assigned by Section 49.01, Penal ...
- Section 524.002 - Rules; Application of Administrative Procedure Act
(a) The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter. (b) Chapter 2001, Government Code, applies to a ...
- Section 524.011 - Officer's Duties For Driver's License Suspension
(a) An officer arresting a person shall comply with Subsection (b) if: (1) the person is arrested for an offense under Section 49.04, Penal Code, ...
- Section 524.012 - Department's Determination For Driver's License Suspension
(a) On receipt of a report under Section 524.011, if the officer did not serve a notice of suspension of driver's license at the time ...
- Section 524.013 - Notice of Department's Determination
(a) If the department suspends a person's driver's license, the department shall send a notice of suspension by first class mail to the person's address: ...
- Section 524.014 - Notice of Suspension
A notice of suspension under Section 524.013 must state: (1) the reason and statutory grounds for the suspension; (2) the effective date of the suspension; ...
- Section 524.015 - Effect of Disposition of Criminal Charge On Driver's License Suspension
(a) Except as provided by Subsection (b), the disposition of a criminal charge does not affect a driver's license suspension under this chapter and does ...
- Section 524.021 - Suspension Effective Date
(a) A driver's license suspension under this chapter takes effect on the 40th day after the date the person: (1) receives a notice of suspension ...
- Section 524.022 - Period of Suspension
(a) A period of suspension under this chapter for an adult is: (1) 90 days if the person's driving record shows no alcohol-related or drug-related ...
- Section 524.023 - Application of Suspension Under Other Laws
(a) If a person is convicted of an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal Code, and if ...
- Section 524.031 - Hearing Request
If, not later than the 15th day after the date on which the person receives notice of suspension under Section 524.011 or is presumed to ...
- Section 524.032 - Hearing Date; Rescheduling
(a) A hearing requested under this subchapter shall be held not earlier than the 11th day after the date on which the person requesting the ...
- Section 524.033 - State Office of Administrative Hearings
(a) A hearing under this subchapter shall be heard by an administrative law judge employed by the State Office of Administrative Hearings. (b) The State ...
- Section 524.034 - Hearing Location
A hearing under this subchapter shall be held: (1) at a location designated by the State Office of Administrative Hearings: (A) in the county of ...
- Section 524.035 - Hearing
(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 ...
- Section 524.036 - Failure To Appear
A person who requests a hearing and fails to appear without just cause waives the right to a hearing and the department's determination is final. ...
- Section 524.037 - Continuance
(a) A continuance under Section 524.032 stays the suspension of a driver's license until the date of the final decision of the administrative law judge. ...
- Section 524.038 - Instrument Reliability and Analysis Validity
(a) The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of ...
- Section 524.039 - Appearance of Technicians At Hearing
(a) Notwithstanding Section 524.038, if not later than the fifth day before the date of a scheduled hearing the department receives from the person who ...
- Section 524.040 - Notice Requirements
(a) Notice required to be provided by the department under this subchapter may be given by telephone or other electronic means. If notice is given ...
- Section 524.041 - Appeal From Administrative Hearing
(a) A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the ...
- Section 524.042 - Stay of Suspension On Appeal
(a) A suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if: (1) the person's driver's ...
- Section 524.043 - Review; Additional Evidence
(a) Review on appeal is on the record certified by the State Office of Administrative Hearings with no additional testimony. (b) On appeal, a party ...
- Section 524.044 - Transcript of Administrative Hearing
(a) To obtain a transcript of an administrative hearing, the party who appeals the administrative law judge's decision must apply to the State Office of ...
- Section 524.051 - Reinstatement and Reissuance
(a) A driver's license suspended under this chapter may not be reinstated or another driver's license issued to the person until the person pays the ...
