Texas Laws: Transportation Code

Chapter 524  Administrative Suspension of Driver's License For Failure To Pass Test For Intoxication

Subchapter D  Hearing and Appeal

Texas Laws > Transportation Code > Chapter 524 > Section 524.035

Section 524.035.  Hearing

§ 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 concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place; or (B) the person is a minor and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place; 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. (c) If the administrative law judge does not find in the affirmative on each issue in Subsection (a), the department shall: (1) return the person's driver's license to the person, if the license was taken by a peace officer under Section 524.011(b); (2) reinstate the person's driver's license; and (3) 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 Section 49.01, Penal Code, at the time the specimen was taken; or (2) the person is a minor 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. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, § 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, § 5, eff. Sept. 1, 2001.

Section:  Previous  524.021  524.022  524.023  524.031  524.032  524.033  524.034  524.035  524.036  524.037  524.038  524.039  524.040  524.041  524.042  Next